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Full text of "NYC MECHANICAL (2008): New York City Mechanical Code"



Plumbing Code, Mechanical Code 

and Fuel Gas Code 

of New York State 




2008 

THE CITY OF 
NEW YORK 










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Michael R. Bloomberg, Mayor 



2008 New York City Mechanical Code 



First Printing: June 2008 



ISBN-978-1-58001-719-0 (loose-leaf) 



The New York City Construction Codes are based on the 2003 I-Codes, which is a copyrighted work owned by the International 
Code Council. ICC reserves all rights in its copyrighted works. For information on permission to copy material exceeding fair use, 
please contact: Publications, 405 1 West Flossmoor Road, Country Club Hills, IL 60478. Phone 1-888-ICC-SAFE (422-7233). For 
information from New York City, please contact: Code Counsel, New York City Department of Buildings, 280 Broadway, New 
York, New York 10007. 

Trademarks: "International Code Council," the 'International Code Council" logo and the 'International Mechanical Code" are 
trademarks of the International Code Council, Inc. 



33204-T.0269 PRINTED IN THE U.S.A. 



DEDICATION 

The New York City Construction Codes reflect the work of many, many people and organizations. The story of their development, 
detailed in the following pages, barely scratches the surface of the passion, determination, and focus that launched and kept the ef- 
fort going from beginning to end. The singular voice we heard at every juncture was that of Patricia J. Lancaster, FAIA, Commis- 
sioner of Buildings during the period of the codes' development, adoption, and implementation planning. Without her, none of this 
would have been possible. And so, we thank the Commissioner and dedicate this first publication of the New York City Construction 
Codes in her honor. 



Fatma Amer, PE Benjamin Jones, PMP Phyllis Arnold 

Deputy Commissioner and Assistant Commissioner Deputy Commissioner and 

Chief Code Engineer Strategic Planning and Chief Code Counsel 

Implementation 



2008 NEW YORK CITY MECHANICAL CODE 



NEW YORK CITY CONSTRUCTION CODES 

PREFACE 



Background 

The New York City Construction Codes, effective July 1, 2008, are patterned after the family of model construction codes pub- 
lished by the International Code Council (ICC). While the ICC Codes, with their interpretive commentary and history of amend- 
ments, will in the future be a rich new source for interpreting the City's building laws, New York City has extensively modified the 
ICC text. As modified, the provisions incorporate the collective wisdom of more than 350 years of building regulation in the City. 

New York City was the first jurisdiction in the country to experience the problems associated with building construction in a 
high-density urban environment and the first to attempt to solve them through regulatory measures. In 1625, the Dutch West India 
Company established rules for the types and locations of houses that could be built in the colony of New Amsterdam. This early at- 
tempt at meeting public safety and sanitation needs would evolve into one of the most comprehensive building codes in the United 
States. 

Based initially on fire prevention principles, the City's regulations evolved into provisions governing sanitation and building 
construction and materials. From their start in the late 17th century, to creation of the position of "Superintendent of Buildings" 
within the Fire Department in 1 860, to creation of a city wide Department of Buildings in 1 936, through comprehensive revisions in 
both 1938 and 1968, the City's building code grew to become one of the most stringent in the nation. The 1938 revisions were 
geared toward capturing provisions to meet the needs of new skyscrapers and multiple dwellings. The 1 968 revisions were designed 
to incorporate new technologies and building practices, including performance criteria for building construction. 

The 1968 revisions reflect the last comprehensive update of New York City's building construction laws. Predictably, they had 
begun to show their limitations. Obsolete provisions remained on the books, conflicting amendments became loopholes for indus- 
try to navigate, and new technologies and construction practices that had become industry standards were noticeably absent. Signif- 
icant amendments over the years tended to be reactions to unfortunate events rather than comprehensive revisions. 

Recognizing these problems, in November 2002, Mayor Michael R. Bloomberg signed Executive Order No. 30, creating an ad- 
visory commission to study the feasibility of adopting a model code for the City. The Mayor's Advisory Commission issued its re- 
port in May 2003, recommending that the City adopt, in modified form, the ICC's family of codes. The NYC Construction Codes 
Program* was born, housed in and supported by the City's Department of Buildings ("Department"). 

Construction Codes Program 

Although many jurisdictions have adopted the I-Codes, New York City is recognized as a unique and premiere urban environ- 
ment. No other American city can match the diversity of New York's built environment. From the canyons of Manhattan to the 
brownstones and houses of Brooklyn, Queens, the Bronx, and Staten Island, New York City poses a unique challenge for any build- 
ing code. As a result, the City extensively rewrote the I-Codes in many technical areas. Some chapters were deleted entirely and re- 
placed with requirements that better reflect the City's singular needs. 

Moreover, given the complex nature of New York City's built environment, the Department of Buildings performed exhaustive 
reviews of the proposed code to determine the impacts it might have on the City and the construction industry, including a cost im- 
pact study and an environmental assessment. In terms of scope and level of review, New York City's construction code effort was 
more akin to a state-level effort. 

The Code Development Process 

Although administered by the Department, the Construction Codes Program reached well beyond the agency's corridors. In an 
unprecedented public/private partnership, over 400 participants from the architectural and engineering community, industry, labor, 
and government contributed more than 300,000 hours attending more than 500 technical, advisory, and managing committee meet- 
ings, as they pored over and developed new text and debated policy. 

Recognizing that any significant stakeholder opposition at the City Council could frustrate the effort, the Department used a con- 
sensus-based model. Technical committees were asked to reach agreement on as many proposed changes as possible, a process that 
yielded a result on all but about two dozen issues. The Department mediated a resolution on seven of those issues, and the Commis- 
sioner made the final determination on the remaining ones. The result was that virtually all stakeholders walked away with some- 
thing and had an interest in seeing the product enacted as law. Issues that proved too difficult to resolve for this revision were 
committed to the 3-year revision cycle contemplated by the ICC model. 

The first phase of the Construction Codes Program was completed in December 2005, when the Council enacted and the Mayor 
signed Local Law 99 of 2005. That legislation established the blueprint for the City's adoption effort: it enacted a new Title 28 of the 
New York City Administrative Code reflecting new administrative and enforcement provisions as well as a new plumbing code; it 
contemplated the subsequent passage of a completion bill, consisting of a new building code, mechanical code, fuel gas code and 
"Formerly Model Code Program 
iv 2008 NEW YORK CITY MECHANICAL CODE 



residential code; and it provided an effective date of July 1, 2007 for all provisions, provided that the completion bill was passed by 
that date. 

Local Law 33 of 2007 was that completion bill. It revised the administrative and enforcement provisions of Local Law 99. Many 
of those provisions were edited and placed in more appropriate locations in the first chapter (Chapter 1) of the individual codes. 
Moreover, Local Law 99 did not contain a complete and uniform schedule of penalties, requiring the development of an integrated 
enforcement text. And of course, it filled out the technical provisions of the new construction codes by adding a new building code, 
fuel gas code, and mechanical code. Local Law 33 repealed those portions of Titles 26, 27, and 28 of the Administrative Code super- 
seded by the new provisions. All portions of the new construction codes are effective July 1 , 2008, although they will not be manda- 
tory until July 1,2009. 

Three other local laws complete the package of legislation reflected in this publication: Local Laws 37 and 38 of 2007 and Local 
Law 8 of 2008. Each of those enactments contained provisions either making nonsubstantive corrections and clarifications or incor- 
porating stand-alone legislation that was not reflected in Local Law 33. 

Structure and Applicability of the New Codes 

The new Title 28 contains five chapters that will govern all of the new construction codes, covering administration, enforcement, 
maintenance obligations, licensing, and miscellaneous provisions, including outdoor signs. These provisions were written by and 
for New York City and thus do not appear in the I-Codes. They are followed by four additional chapters containing the plumbing, 
building, mechanical, and fuel gas codes. Each of the individual codes, in turn, contains a Chapter 1 with additional administrative 
provisions applicable to the specific matters covered by the particular code. Each of the separate codes reflects modifications to the 
I-Codes. 

Section 28- 1.01 .4 contains the effective date provisions. The new codes will apply effective July 1 , 2008, prospectively to all new 
construction. For a period of 1 year after the effective date, owners may elect to use the technical requirements of the 1968 building 
code for new buildings and for alterations of existing buildings. After that 1 year period, new construction must comply with the new 
codes. However, alterations of existing buildings, at the option of the owner, will be permitted to comply with the 1968 building 
code, with significant exceptions noted below that the Department determined are sufficiently important to public safety to be im- 
plemented immediately regardless of the choice of underlying code. 

Provisions of Title 28 that apply to all codes should be cited as "28-section number." The technical codes may be cited sepa- 
rately; provisions of each should be cited as "PC section number," "BC section number," "MC section number," and "FGC section 
number." Section 28-101.3 governs the interpretation of the various codes, sections, and subsections of the law by providing: 

28- 10 1.3 Codes. Any reference in this title to "this code" or "the code" shall be deemed to be a reference to this title and all of the 
codes comprising the New York City Construction Codes unless the context or subject matter requires otherwise. Whenever a 
section or subsection of this code is cited or referred to, subordinate consecutively numbered sections and subsections of the 
cited provision are deemed to be included in such reference unless the context or subject matter requires otherwise. 

While the Department expects to promulgate new rules necessary to implement the new codes, Local Law 8 provides that exist- 
ing rules are continued: 

§28-103.20 Rules. Rules promulgated by the department in accordance with the law in effect prior to the effective date of this 
code shall remain in effect for the matters covered to the extent that such rules are not inconsistent with this code unless and until 
such rules are amended or repealed by the department. 

Existing Buildings 

While the ICC family of codes includes an existing building code, the Department determined to continue to allow compliance 
with the 1968 code as a first step in transitioning from the 1968 code to a new set of standards for all buildings. Once the codes re- 
garding new construction are in place, the Department will turn to the development of an existing building code for the city, antici- 
pated within the next 2 to 3 years. In the interim, at the owner's option, existing buildings may be governed by either the new codes or 
the technical requirements of the 1968 building code. The latter option is subject to several important exceptions: 

• Where permits were issued prior to July 1, 2008, construction will be governed by the laws in effect prior to July 1, 2008. 

• As of July 1, 2008, except as otherwise limited by the commissioner, administration and enforcement will be in accordance 
with the new provisions, including but not limited to approval of construction documents, issuance of permits and certifi- 
cates of occupancy, tests and inspections, penalties and enforcement. Controlled inspections and semi controlled inspections 
as referenced in the 1968 building code will be deemed to be special inspections and will be required to comply with the new 
provisions relating to special inspections. Materials regulated in their use by the 1 968 building code will be required to com- 
ply with the new provisions. 

• For permits issued after July 1 , 2008, construction operations, including demolition, will be required to comply with the new 
construction codes. 

• As of July 1 , 2009, encroachments onto the public right-of-way will be governed by the new construction codes. 

2008 NEW YORK CITY MECHANICAL CODE v 



• As of July i, 2009, appliances, equipment, and systems regulated by the plumbing, mechanical and fuel gas codes will be re- 
quired to comply with the new construction codes. 

• As of July 1, 2009, installation, alteration and additions to certain fire protection systems will be required to comply with the 
new construction codes. 

• As of July 1, 2009, installation and alteration of certain elevators, conveyors, and amusement rides will be governed by the 
new construction codes. 

• As of July 1 , 2009, where the estimated cost of an alteration in any 12-month period exceeds 50 percent of the cost of re- 
placement of the building or where there is a change in the main use or dominant occupancy of the building, facilities for 
people with physical disabilities must comport with the new construction codes. 

The City did not enact anew residential code. The ICC's residential code covers one- and two-family dwellings three stories or 
less, whereas its building code covers all other new buildings. After reviewing the work product of the technical committees that de- 
veloped the text, the Department concluded that the City could effectively address one- and two-family dwellings in the body of the 
building code itself. Accordingly, the new building code covers new construction of all building types. 

Enforcement of Construction Codes and their Relationship to New York State Law 

The Department is charged with the responsibility for enforcing the construction codes in the City. New York City Charter §643. 
Effective January 2003, New York State adopted its version of the I-Codes, but they do not govern in New York City. Executive Law 
§383. However, the City is subject to the Energy Conservation Construction Code of New York State ("Energy Code"). Accord- 
ingly, the Department enforces both the New York City Construction Codes as well as the State Energy Code in New York City. 

Codes Maintenance 

At the national level, the I-Codes are kept current through the review of proposed changes submitted to the ICC by code enforce- 
ment officials, industry representatives, design professionals and other interested parties. Proposed changes are considered through 
an open code development process in which all interested and affected parties may participate. 

The Department is mandated by Local Law 33 to review the latest edition of the 1-Codes and to suggest modifications for use 
within New York City. This cycle will help ensure that New York City maintains an updated set of construction codes far into the fu- 
ture. This revision cycle is anticipated to occur every 3 years. 

Marginal and Other Markings 

Solid vertical lines in the margins within the body of the codes indicate a technical change from the 2003 version of the I-Codes. 
Deletion indicators (■*) are provided in the margin where a paragraph or item has been deleted. 

A double dagger ($) within the body of the codes indicates text that is corrected from the enacted legislation for purposes of clar- 
ity. Substantive corrections will appear in future code revisions. 

Indices 

These codes do not include indices. An index for each of the individual codes will be available at a later date on the New York 
City Department of Buildings Website (http://www.nyc.gov/html/dob). 



2008 NEW YORK CITY MECHANICAL CODE 



ACKNOWLEDGEMENTS 



The New York City Department of Buildings gratefully acknowledges the following individuals who 
contributed to the development of the New York City Construction Codes. 

Mayor Michael R. Bloomberg 

Deputy Mayor Daniel L. Doctoroff 

Deputy Mayor Edward Skyler 

NEW YORK CITY COUNCIL 

Christine Quinn, Speaker 
Gifford Miller, Speaker 

Housing and Buildings Committees 
Erik Martin Dilan, Chair 

Members : Tony Avella; Maria Baez; Leroy G. Comrie, Jr.; Lewis A. Fidler; Robert Jackson; RosieMenclez; James S.Oddo; Joel 
Rivera; Thomas White, Jr.; James Vacca 

Madeline Provenzano, Chair 

Members : Tony Avella: Gale Brewer; Leroy G. Comrie, Jr.; Lewis A. Fidler; Robert Jackson; Letitia James; MelindaKatz; James 
S. Oddo; Diana Reyna; Joel Rivera 

MANAGING COMMITTEE 

Members: Julian Bazel; Robert Benazzi, PE; John Bower, PE; Aine Brazil, PE; Irwin Cantor, PE; Bernie Carr; Louis J. Coletti; 
Anthony Crowell; Marolyn Davenport; Chief Stanley Dawe (retired); Edward DePaola, PE; Enzo Depol, AIA; Erik Martin Dilan; 
Carl Galioto, FATA; Melvin Glickman; Maria Gotsch; Jessica Handy; Chief Howard Hill, FDNY (retired); Chief Thomas Jensen; 
Timothy Joseph; Henry C. Kita; James Kunen; Gary LaBarbera; Nicholas LaPorte; Fred Lindquist, PE; Ronny Livian, PE; Pam 
Loeffelman; Edwin Lopez; Edward Malloy; Herbert Mandel, AIA; James Maxwell; Raymond McGuire; Patrick McPartland, PE; 
Brian Meacham, PE; Peter Molinaro; Monty Mitchell, AIA; Fruma Narov, PE; Patty Noonan; Paul O'Brien; Stewart O'Brien; Anne 
Papageorge, RLA; Madeline Provenzano; Martin Rebholz, RA; George Reilly; Jack Rudin; Matthew Sapolin; Ismene Speliotis; 
William Stein, AIA; Gerard Vasisko, AIA; Chester Vogel, PE; Margot Woolley; Michael Zenreich, RA 

TECHNICAL COMMITTEES 

Accessibility 

Matthew Sapolin, Chair 

Robert Piccolo, AIA, Co-chair 

Members : Fredric Bell, FAIA; Brian Black; Dennis R. Boyd; Douglas W. Boydston; Marrilie Camhe; Gregory J. Carlson; Charles 
Cellura, PE; Ernest Conrad, PE; Marolyn Davenport; Anne M. Davis; Enzo Depol, AIA; Sheila Horgan; Nicholas A. Kaminski; 
Mark H. Leeds; Diane Lowy; Dominic Marinelli; Jason R. Mischel; Terrence J. Moakley; Edward D. Re, Jr., RA; Mary Ann 
Rothman; Charles Rudesill, RLA; John A. Van Deusen; Elliott Vilkas, AIA; Linda M. Volpe; Suzanne Wertz, AIA; Brian M. White; 
Alexander Wood 



2008 NEW YORK CITY MECHANICAL CODE 



Administration/Enforcement 
Fatma Amer, PE, Chair 
Marzio Penzi, Co-Chair 

Members : Susan Bacas; Fredric Bell, FAIA; Harvey Brind; John M. Callahan; Suzanne Carroll; Marolyn Davenport; Albert 
Fredericks; James Hirani; Janene Jaeger; Michael Jaycox; David May, RA; Peter McCourt; Stewart O'Brien; John O'Donoghue; 
Christine Pawelczak; Joseph Polcha; Martin Rebholz, RA; Dennis Rizzo; George Roussey; Douglas Roy; Medhat Salaam; Manuel 
A. Santiago, RA; Gaston Silva, RA; Carole Slater; Paul Spears; Jose Valencia; Kenneth Warshaw; Margot Woolley, AIA; Tarek 
Zeid 



Construction Requirements 
Ronny A. Livian, PE, Chair 
Enzo Depol, AIA, Co-Chair 

Members: Joseph Aliotta; Robin Burns; Colin Cheny; Dennis Crichton; Glen V. Cutrona, AIA; Nicholas Grecco, PE; Gary B. 
Higbee, AIA; Harold Jupiter; Jeffrey Kieffer; Edward T. LaGrassa, RA; Joseph Razza, PE; Brendan Weiden, PE 

Construction Safety / Demolition 

Louis J. Colletti, Chair 

Henry C. Kita, Co-Chair 

Members : James Bi.ful.co; David Bolger; Kenneth Brancaccio; Ken Buettner; James Conway; Marolyn Davenport; Ted Frank; A] 
Gerosa; Michael Handler; Joseph S. Kaming, PE; Michael LaBate; Chief Daniel Martinetion, FDNY; Frank McArdle; Jerry 
McCloskey; Joyce Nastasi; Paul O'Brien; John O'Hare; James Ramsburgh; Bruce Rottner; Larry Shapiro, PE; Joseph Vouglas; 
Harry Weidmyer 

Egress 

William Stein, FAIA, Chair 

John McCormick, PE, Co-Chair 

Members: Warren Calwil, AIA; Roberta Darby Curtis, AIA; Sheila Horgan; Mariana Lishnevski, RA; Chris Marrion, PE; Guy 
Maxwell, AIA; William McShane, PE; Richard Murphy; Peter E. Olney, AIA; Michael Plottel, AIA; George Shelden, AIA; 
Kathleen Sullivan, AIA; Chief Jack Taddeo, FDNY; Ron Tagliagambe, RA; Hamir Vadi, RA; Chief James Wendling, FDNY 

Elevators 
Patrick McPartland, PE, Chair 

Members : Christopher Afuwah; John Beckmann; Jeff Blain; Tom Donovan; Jim Duffy; Jerry L. Frascelli; Caiman Goldstein, PE ; 
Hubert Hayes; Shaji Joseph; Andrei Peck; John Merkel, PE; Nicholas Montessano; Kevin Murphy; Robert Walsh 

Existing Buildings 

Michael Zenreich, RA, Chair 

Monty Mitchell, AIA, Co-Chair 

Members : George Belnavis; Warren Calwill, AIA; Marolyn Davenport; Elliott M. Glass; Alex Herrera; Ambrose A. Kelly, AIA; 
Ben Lavon, PE; Robert J. Marino; Elizabeth McTigue; William Neeley; Robert K. Otani, PE; Michael Plofker, AIA; Brian White; 
Maria Yao 



Fire Protection 

Chief Stanley Dawe, FDNY (retired), Chair 

Chief Howard Hill, FDNY (retired), Chair 

John Bower, Co-Chair 

Members: Glenn P. Corbett; Captain John Dunne, FDNY; Joseph P. Esposito; Chief Edward Ferrier, FDNY; James W. Guinan, PE; 
Michael P. Gimpel; Thomas Hill; David Jacoby, PE; Chief Thomas Jensen, FDNY; Frank Lorenz, PE; Chris Marrion, PE; Joseph 
McCormick Jr.; James McGowan; Jack J. Murphy; Nicholas Peluso, RA; Joseph Razza, PE; Chief Patrick Savage, FDNY; Frank J. 
Servello; Chief Ronald Spadafora, FDNY; Jack Torpey; Stephen Weinryb, AIA; John J. Whalen 

viii 2008 NEW YORK CITY MECHANICAL CODE 



Materials 
Fruma Narov, PE, Chair 

Members: Carmine Attanasio; Casimir Bognacki, PE; Pablo Bruno; Sam Francis; Thomas Gesauldi; Raymond Heun, PE; Sheila 
Morgan; Jonathan Humble, AIA; Eve Lustig; Stephen Moro; Mathew Park, AIA; Carmela Pasqua; Michael Peragine; Steve 
Rosario; Michael Stallone; Siglinde Stern, RA; Robert Vecchio, PhD, PE; Judith Zuckerman 

Mechanical 
Chester T. Vogel, PE, Chair 

Members: Valentin Antohi, PE; Rock J. Antonios, PE; Edward T. Bosco, PE; Chief Richard Callery, FDNY; Ernest Conrad, PE; 
Elias F. Dagher, PE; Frank DeNicola; John L. Elder, PE; Joseph P. Esposito; Roger Firoozan; Robert F. Germain, PE; James Hansen, 
PE; William Hayes; Kevin T. Lillis; John Maniscalco; Christopher O. McHugh, PE; Paul Parker; Daniel J. Pitiger; Abraham 
Pitsirilos; Ashok Raiji, PE; Michael Reese, PE; Chaya Romano, PE; Alfred Schroeder; Thomas A. Seery, PE; Mitchel W. Simpler, 
PE; William M. Singer, RA; John S. Solla, PE; David Tanenbaum, PE; Laurence Turner, PE; James D. VerEecke, PE; Saul Wechter; 
Donald J. Winston, PE; John Yacovone 

Plumbing 
Robert Benazzi, PE, Chair 

Members: Edward J. Angelone; Julius Ballanco; Robert J. Bellini; John D. Callaghan; Thomas Cavalio; Jon J. Conway; Dom Diaz; 
Charles A. Dimino; Robert Greenburg; James Hart; John Hubbard; Kenneth E. Klein, PE; Garo Koumijian, C1PE; Aydin Kurun; 
Dan Lucarelli; Kush Makhijani; John D. McMullen; Ardash Meguerdichian; Anthony J. Montalto; Phillip F. Parisi Jr.; George W. 
Reilly; Robert J. Ricco Sr.; Anthony Rim; Stephen Rosario; Vincent Scialli; Richard A. Stamm, PE; Vic Struber; Richard Toder; 
Hershel Weiss, CIPE; Battalion Chief Brian M. White, FDNY; Leonard A. Williams; Frantz V. Woolley, PE 

Residential 
Herbert L. Mandel, AIA, Chair 
Gerard Vasisko, AIA, Co-Chair 

Members: Willis DeLaCour, AIA; Steven Faicco, RA; Michael S.Gelfand, AIA; Alan Goldstein, AIA; Battalion Chief Edwin 
Huberts, FDNY (retired); Edward Lauria, PE; Nicholas Lembo; David Mandl, AIA; James McCullar, FAIA; Battalion Chief John 
McEneaney, FDNY; James Muscianesi; Steven Pekofsky; Eftihia Tsitiridis, AIA; Richard Visconti, AIA; Susan Wright, AIA 

Structural / Foundation 

Irwin G. Cantor, PE, Chair 

Edward M. DePaola, PE, Co-Chair 

Members: Robert Abramson, PE; Hamid R Adib, PE; Robert Alperstein, PE; William F. Baker, PE; Tim Barnard, PE; Andrew 
Ciancia, PE; Frank M. Clemente, Jr., PhD, PE; Charles A. DeBenedittis; Brian A. Falconer, PE; Bill Faschan, PE; Satyendra K. 
Ghosh; Ramon Gilsanz, PE; Douglas P. Gonzalez, PE; Jacob Grossman, PE, FACI; Borys I. Hayda, PE; Kenneth A. Hiller, PE; 
Cawsie Jijina, PE; Robert Ledwith; Craig A Leech, PhD, PE; J. Butch Almazan Macutay, Jr., PE; Stephen S. Marchese, PE; Joel 
Moskowitz, PE; Michael Mota, PE; Andrew D. Mueller-Lust, PE; Sissy Nikolaou, PhD, PE; Allan Paull, PE; Ricardo M. Pittella, 
PE; Ahmad Rahimian, PhD, PE; Karl J. Rubenacker, PE; Raymond E. Sandiford, PE; Christopher Schneider; Jeffrey Smilow, PE; 
Robert Smilowitz, PE; Michael J. Squarzini, PE; George J. Tamaro, PE; Andrew Vanderveen; Bojidar Yanev, PE; Bernard Yostpille 
PE; John Zils, PE; Rick Zottola, PE 



2008 NEW YORK CITY MECHANICAL CODE 



ADVISORY COMMITTEES 



Affordable Housing 

Bertha Lewis/Ismene Speliotis, Co-Chair 

Bernie Carr, Co-Chair 

Members : Vicki Been; Les BJuestone; Carlton Browne, RA; James Buckley, Don Cappocia; Howard Chin, RA; Willis Delacour; 
John Fe.rndel.1; Maureen Friar; Cindy Harden; David Hunter; Carol Lam berg; Brad Lander; Roland Lewis; Magnus Magnusson, 
AIA; Lucille McEwen; Constantino Sagonas; Petr Stand; Hugo Subotovsky, AIA; Philip Tugendrajch; John Tynan; Adam 
Wei n stein 

Banking and Insurance 
Peter Molinaro, Co-Chair 
James Maxwell, Co-Chair 

Members : Berdj Benlian; Joseph Charczenko; James Chin; Ralph Dorio; Dorothy Harris; Matthew Kamin, PE; Roberta Kotkin; 
John Murphy; Thomas Reilly 

Economic Development 

Maria Gotsh, Chair 
Patty Noon an, Co- Chair 

Members : Sandra Acosta; Bill Fair; Veronica Hackett; Susan L. Hayes; Damon Hemmerdinger; Melissa Konur; Irwin Lefkowitz, 
AIA; George Mejias; Richard Radliffe; Jeff Roseman; Frank J. Sciame; Mitch Simpler, PE; Scott Simpson, FAIA; Stanley Stark, 
AIA; Marilyn J. Taylor; Daniel R. Ti.sh.man; Elise Wagner; John F. Williams; Jane Woodcock; Alan Yood 

Labor 
Gary LaBarbera, Chair 

Members : Kuba Brown; James R Conway; Martin Daly; Thomas Gesualdi; Dennis Ippolito; Howard Kelly; Robert Ledwith; Brian 
Mullins; George W. Reilly; John Torpey; Sandy Vagelatos 

Risk & Security 

Brian Meacham, PhD, PE, Chair 

Gayle Katzman, PE, Co-Chair 

Mario Palmieri, RA, Co-Chair 

Members : George Bauries, PhD; Matt Bednar: Len Billet; Dan Brown; Andy Chin; Peter Ciotoli; Cheryl Coto; Dorothy Harris; 
David Harville; Gary Higbee; Gayle Katzman, PE; Stuart Klein; Tracy Leibowitz; May Ann Marrocolo; Lt. Cmdr. Luis Martinez, 
USCG; Mario Palmieri, RA; Ashok Patel, PE; Joseph Razza, PE; Brady Richards; Marco Shmerykowsky, PE 

Sustainability 
Deborah Taylor, AIA, Chair 

Members : Carlton Browne, RA; Scott Ceasar, PE; Colin Cheney; Earnest Conrad, PE; Randolph R, Croxton, FAIA; Michael 
Deane; Martin Dettling; Susan Drew, FAIA; Robert Fox, FAIA; Robin Guenthher, FAIA; Ashok Gupta; Mark Harari, PE; Adam 
Hinge, PE; Susan Kaplan, LEED AP; Henry C. Kita; John Krieble, RA; Joyce Lee, AIA; Murray Levi, AIA; Robert Licopoli, PE; 
Warren LieboJd; James A. Luke, PE; Helena Meryman, PE; Dr. Albert Montague; Dan Nail, FAIA, PE; Thomas Outerbridge; 
Anthony O. Pereira; Thomas Scarola; William Stein, FAIA; Adrian Tuluca, FAIA; Anthony Woo, PE 



2008 NEW YORK CITY MECHANICAL CODE 



NYC DEPARTMENT OF BUILDINGS 

Rosaura Almonte; Oscar Alvarez; Fatma Amer, PE; Susanne F. Arbitman; Phyllis Arnold; Fred Badalamenti; Jon Bosse; 
Irving Rrofsky; Sharon Brown; Louis J. Bunk; James Colgate, RA; Arthur Cordes; Maurice Cosentino; Robert Daly; Makeda 
Davis; Danielle Delahanty; Michelle Depew; Siun Derkhidam; Dan Eschenasy, PE; Donald Franklin; Bonnie Gerard; Allison 
Ginsburg; Helen Gitelson; Adam Goold; Randi Gordon; Donald Gottfried; Danielle Grillo; Faizul Haque; Robert Iulo; Benjamin 
Jones, PMP; Natarsia Joye; Kelly Kamen; Kristen Keller; Patricia Ketterer; Bethany Klein, PE; Patricia Knobloch, RA; Stephen 
Kramer; Marietta Kremmidas; Derek Lee, RA; John Lee, RA; Vivian Lieberman; Terrence Lin, PE; Timothy Lynch, PE; Andrea 
Maggio; Sam Marcovici; Ronald McCain; Sabrina Panfilo; Marinetta Paone; Marzio Penzi; Alan Price; Sharmila Rampersaud; Eric 
Reid, PE; Gathfney Sanders; Sandy Santemaria; Michael Schneider; Mona Seghal; Chantal Senatus; Manner Shah, PE; 
Bashirahmed Shaikh, PE; Charles Shelhamer; Dehlia Shumway, PE; Sharima Singh; Constadino (Gus) Sirakis, PE; Deborah 
Taylor, AIA; GJanda Thomas; Lei Tian; Luis Torres, Valerie Tourso; Jr.; Laurence Turner, PE; Audrey Vishev; Harry Vyas; Keith 
Wen, RA; Peggy Wi liens; Dennis Zambotti 

NYC CITY COUNCIL STAFF 

Rick Arbelo; Benjamin Goodman; Jeffrey Haberman; Terzah Nasser; Ramon Martinez III, Kamilla Sjoden 

NYC LAW DEPARTMENT 

Stephen Ackerman; Martha Alfaro; Andrea Berger; Michael Cardozo; Carlos Cruz-Abrams; Kevin Ellis; Andrea Fastenberg; 
Spencer Fisher; Tal Golomb; Ashley Goodale; Olivia Goodman; Steven Goulden; William Heinzen; Jack Hupper; Stephen Louis; 
Phebe Macrae; Karen Miller; Keith Miloscia; Ines Nedelcovic; Michael Pastor; Melanie Perez; Jonathan Pinn; Natalie Prokop; 
Evan Sinclair; Rochelle Wakefield; Katherine Winningham 

OTHER GOVERNMENT AGENCIES 

New York City Department of City Planning; New York City Economic Development Corporation; New York City Department of 
Environmental Protection; New York City Department of Health & Mental Hygiene; New York City Department of Housing 
Preservation & Development; New York City Landmarks Preservation Commission; New York City School Construction 
Authority 

PORT AUTHORITY OF NEW YORK & NEW JERSEY 

Casimir Bognacki, PE; Saroj Bhol, PE; Mario Palmed, RA; Ray Sandiford, PE; Hamir Vadi, RA; Bernard Yostpille, PE 

CONSULTANTS 

AKRF, Inc; Curtis + Ginsberg Architects LLP; DeSimone Consulting Engineers, PLLC; Grubb & Ellis; Gruzen Sainton Architects 
LLP; Irwin G. Cantor PE; M-E/Vogel Taylor Engineers; Otis Elevator Company; Severud Associates, Consulting Engineers PC; 
STV Incorporated in association with the NYC School Construction Authority; Turner Construction Company; Thornton 
Tomasetti; Weidlinger Associates Inc. 

COVER DESIGN 

Rachel Blandi 

COVER PHOTOGRAPH 

Andreanna Seymore 



The code development process involved the work of more than 400 individuals. Together with the Committee Chairs, the 
Department has made every effort to include all who participated. Any errors or omissions in the Acknowledgments are entirely un- 
intended. 



2008 NEW YORK CITY MECHANICAL CODE 



2008 NEW YORK CITY MECHANICAL CODE 



TABLE OF CONTENTS 
GENERAL ADMINISTRATIVE PROVISIONS 



CHAPTER 1 ADMINISTRATION A-l 

Article 101 General A-l 

Section 

101.1 Title A-l 

101.2 Intent A-l 

101.3 Codes. A-l 

101.4 Effective Date A-l 

101.5 Definitions . . A-2 

Article 102 Applicability A-5 

Section 

102.1 General A-5 

102.2 Other Laws A-5 

102.3 Separability A-5 

102.4 Existing Buildings A-5 

102.5 Grading of Lots ; A-5 

102.6 Appendices A-5 

102.7 References in Other Laws A-5 

Article 103 Duties and Powers of 

Commissioner of Buildings ....... A-6 

Section 

103. 1 Jurisdiction A-6 

103.2 Interpretation A-6 

103.3 Variations A-6 

103.4 Appeals A-6 

103.5 Seal; Judicial Notice A-6 

103.6 Proofs, Affidavits and Oaths A-6 

103.7 Cooperation of Other Departments A-6 

103.8 Matters Not Provided For A-6 

103.9 Additional Tests A-6 

1.03.10 Supporting Documentation for Materials ..... A-6 

103.11 Applications and Permits A-7 

103.12 Identification A-7 

103. 13 Right of Entry A-7 

103. 14 Department Records A-7 

103. 15 Insurance A-7 

103.16 Inspections of Completed Buildings, 

Structures, Signs, Service Equipment and 
Construction Machinery and Equipment .... A-7 



103.17 Certain Outside Work, Employment and 

Financial Interests of Department 

Employees Prohibited A-7 

103.18 Investigation of Complaints A-7 

103.1.9 Addition, Modification, and Deletion of 

Referenced Standards A-7 

103.20 Existing Rules Continued A-8 

Article 104 Construction Documents A-8 

Section 

104.1 Genera] A-8 

104.2 Application for Approval of Construction 

Documents A-8 

104.3 Amended Construction Documents A-10 

104.4 Place of Filing A-10 

104.5 Fees A-10 

104.6 Applicant A-10 

104.7 Submittal of Construction Documents A-10 

104.8 Applications A-l J 

Article 105 Permits A-12 

Section 

105.1 Genera] A-12 

105.2 Classification of Work Permits A-l 3 

105.3 Separate Permits Required A- 13 

105.4 Work Exempt from Permit A- 13 

105.5 Application for Permit A- 15 

105.6 Fees A-15 

105.7 Time Limitation of Applications A-15 

105.8 Validity of Permit A-15 

105.9 Expiration A-15 

105.10 Suspension or Revocation of Permit A-15 

105.11 Posting of Permit A-15 

105.12 Conditions of Permit A-15 

Article 106 Asbestos Investigation A- 16 

Section 

106.1 Asbestos Investigation A- 16 

106.2 Demolition and Alteration of Buildings 

Constructed on or Before April 1, 1987 . . . A-16 

106.3 Asbestos Project A-16 

106.4 Definitions A-16 



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Article 107 Alteration or Demolition of Single 
Room Occupancy Multiple 
Dwellings A-16 

Section 

1 07. 1 General A-16 

107.2 Definitions A-16 

107.3 Covered Categories of Work A- 17 

107.4 Required Submittal Documents A- 17 

107.5 Filing Process A-17 

107.6 Time Period for Acceptance or Rejection A-17 

107.7 Denial of Certification A-17 

107.8 Request for Stop- Work or Rescission A- 18 

1.07.9 Effect of Denial or Rescission A-18 

Article 108 Pavement Plan A-18 

Section 

108.1 Genera] A-18 

108.2 Pavement Plan Required A-18 

108.3 Improvement of Streets A-18 

Article 109 Fire Protection Plan A-18 

Section 

109.1 Fire Protection Plan Required for Covered 

Buildings A-18 

109.2 Covered Buildings A-18 

109.3 Scope A-18 

Article 110 Site Safety Plan A-19 

Section 

1 10. 1 Site Safety Plan A-19 

110.2 Phased Site Safety Plans A-19 

Article 111 Temporary Structures and Uses . .A-19 

Section 

111.1 General A-19 

1 1 1 .2 Conformance A-20 

1 1 1.3 Termination of Approval A-20 

1 1 1 .4 Application Processing A-20 

111.5 Fees A-20 

Article 112 Fees A-20 

Section 

1 12.1 Payment of Fees A-20 

1 12.2 Schedule of Permit Fees A-20 

112.3 Building Permit Valuations A-20 

1 12.4 Work Commencing before Permit Issuance . . . A-20 



112.5 Related Fees A-20 

112.6 Refunds and Rebates A-20 

1 12.7 Inspection Fees A-21 

112.8 Special Fees A-21 

1 12.9 Lien on Premises for Unpaid Fee or 

Other Charge A-21 

Article 113 Materials A-29 

Section 

1 13.1 General A-29 

113.2 Use of Materials A-29 

113.3 Approval Procedure A-30 

1 13.4 Labeling A-30 

Article 114 Approved Agencies A-30 

Section 

1 14.1 General A-30 

114.2 Written Evaluation by Approved Agency A-31 

114.3 Records A-31 

1.14.4 Re-Authorization of Approved Agencies A-31 

Article 115 Special Inspectors A-31 

Section 

115.1 General A-31 

1 15.2 Disqualification A-31 

115.3 Records . . . A-31 

Article 116 Inspections and Sign-Off of 

Completed Work A-31 

Section 

1 16. 1 Genera] A-31 

116.2 Types of Inspections A-3 1 

116.3 Inspection Requests A-32 

1 16.4 Sign-off of Completed Work A-32 

1 16.5 Payment of Outstanding Penalties A-32 

116.6 List of Approved Inspection Agencies A-32 

1 16.7 Fabricator Approval A-32 

Article 117 Places of Assembly A-33 

Section 

117.1 Place of Assembly Certificate of Operation . . . A-33 

117.2 Temporary Place of Assembly Certificate 

of Operation A-33 

117.3 Duration and Renewal of Certificate A-33 

1 17.4 Security Guards A-33 



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Article 118 Certificates of Occupancy A-33 

Section 

1 18.1 General Provisions A-33 

118.2 New Buildings or Open Lots A-33 

1 18.3 Completed Buildings or Open Lots A-34 

1 18.4 Applications for Certificates of Occupancy . . . A-34 

118.5 Review of Applications for Certificates of 

Occupancy A-34 

1 18.6 Issuance of Certificate of Occupancy A-34 

1 18.7 Pavement Plan A-35 

118.8 Sanitary /Storm Water Drainage A-35 

1 18.9 Fire Protection Plan A-35 

1 18.10 Electrical Work A-35 

118.1 1 Certificates of Compliance A-35 

1 18.12 Place of Assembly Certificate of Operation . . A-35 

1 18.13 Certificates of Occupancy for Air-Inflated 

Structures, Air-Supported Structures, and 

Tents A-35 

118.14 Payment of Outstanding Penalties A-35 

1 18.15 Temporary Certificates of Occupancy A-35 

1 18.16 Amended Certificate of Occupancy A-35 

118.17 Revocation of Certificates of Occupancy .... A-36 

1 18.18 Record of Certificates A-36 

1 18.19 Posting of Certificates of Occupancy A-36 

Article 119 Service Utilities A-36 

Section 

1 19.1 Connection of Service Utilities A-36 

1 19.2 Temporary Connection A-36 

119.3 Authority to Disconnect Utility Service A-36 

CHAPTER 2 ENFORCEMENT A-37 

Article 201 General A-37 

Section 

201.1 Unlawful Acts A-37 

201.2 Classification of Violations A-37 

201.3 Methods of Enforcement A-37 

201.4 Aggravating and Mitigating Factors A-38 

Article 202 Civil Penalties A-38 

Section 

202.1 Civil Penalties A-38 

202.2 Continuing Violations A-38 



Article 203 Criminal Penalties A-38 

Section 

203.1 Criminal Fines and Imprisonment A-38 

203.2 Continuing Violations A-38 

Article 204 Environmental Control Board A-38 

Section 

204.1 General A-38 

204.2 Order to Certify Correction A-38 

204.3 Failure of Proof A-38 

204.4 Failure to Certify the Correction of a 

Violation A-39 

204.5 False Statements in Certification of 

Correction A-39 

204.6 Tax Lien A-39 

Article 205 Civil Judicial Proceedings A-39 

Section 

205.1 Civil Judicial Enforcement A-39 

Article 206 Criminal Judicial Proceedings A-40 

Section 

206.1 Criminal Judicial Enforcement A-40 

Article 207 Peremptory Orders A-41 

Section 

207.1 Contents and Service A-41 

207.2 Stop Work Orders . A-41 

207.3 Public Nuisance A-41 

207.4 Vacate Order A-41 

207.5 Cease Use Orders for Service Equipment A-42 

Article 208 Commissioner's Request for 

Corrective Action A-42 

Section 

208.1 Commissioner's Request for 

Corrective Action A-42 

Article 209 Commissioner's Order to Correct 

Unlawful Use or Condition A-42 

Section 

209. 1 General A-42 

209.2 Contents and Service of Orders A-43 

Article 210 Illegal Conversions A-43 

Section 

210.1 Illegal Residential Conversions A-43 



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210.2 Illegal Industrial and Manufacturing 

Conversions A-43 

Article 211 False Statements A-43 

Section 

2.1.1.1 False Statements in Certificates, Forms, 

Written Statements, Applications, 

Reports or Certificates of Correction A-43 

2.1.1.2 Falsely Impersonating an Officer A-43 

Article 212 Abatement of Public Nuisance 
Caused by Certain Illegal 
Occupancies A-43 

Section 

212.1 Abatement of Public Nuisances Caused 

by Illegal Commercial or Manufacturing 

Occupancy in Residence Districts and 

Certain other Zoning Districts A-43 

212.2 Order of Closure A-43 

212.3 Notice of Hearing A-44 

212.4 Service of Notice of Hearing A-44 

212.5 Conduct of Hearing by Office of 

Administrative Trials and Hearings A-44 

2.12.6 Lack of Knowledge not a Defense A-44 

212.7 Closure Not an Act of Possession A-44 

212.8 Posting of Order of Closure A-44 

212.9 Enforcement of Order of Closure A-44 

212.10 Rescission of Order of Closure . A-44 

212.1 1 Violation of Closure Order A-45 

Article 213 Penalty for Work Without a 

Permit A-45 

Section 

213.1 Department Penalty for Work Without 

a Permit A-45 

213.2 Waiver A-45 

213.3 Payment of Penalty Required Before 

Issuance of Permit A-45 

213.4 Procedure A-45 

Article 214 Order to Seal, Secure and Close . . A-45 

Section 

214.1 Order to Seal, Secure and Close A-45 

2.1.4.2 Access to Sealed Premises A-46 

214.3 Additional Penalties for Harm or 

Injury from Violation of Order to Seal, 

Secure and Close A-46 



Article 215 Emergency Powers of the 

Commissioner A-47 

Section 

215.1 Emergency Work A-47 

215.2 Stopping Work and Securing Structures A-47 

215.3 Vacating Structures A-47 

215.4 Violations of Protective Measures During 

Construction or Demolition A-47 

215.5 Investigation of Accidents or Other 

Emergency Conditions A-47 

215.6 Closing Streets Temporarily A-47 

215.7 Recovery of Bodies from Wrecked 

Structures A-47 

215.8 Noncompliance with Orders; 

Execution of Work by Department A-47 

Article 216 Unsafe Buildings A-47 

Section 

216.1 Conditions Constituting an Unsafe 

Building or Structure A-47 

216.2 Record and Notice of Unsafe Building, 

Structure or Premises A-48 

216.3 Notice and Order A-48 

216.4 Method of Service A-48 

216.5 Owner Abatement of Unsafe or 

Dangerous Conditions A-48 

216.6 Survey A-48 

216.7 Court Proceeding A-48 

216.8 Execution of Precept A-49 

216.9 Return of Precept and 

Reimbursement of City A-49 

216.1.0 Judgment Lien A-50 

216.11 Tax Lien A-50 

CHAPTER 3 MAINTENANCE OF 

BUILDINGS A-51 

Article 301 General A-51 

Section 

301.1 Owner's Responsibilities A-51 

Article 302 Maintenance of Exterior Walls . . . A-51 

Section 

302.1 General A-51 

302.2 Inspection Requirements A-51 

302.3 Immediate Notice of Unsafe Condition A-51 

302.4 Report of Critical Examination A-51 



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302.5 Repair of Exterior Walls, Unsafe Condition . . . A-51 

302.6 Safe Condition With a Repair and 

Maintenance Program A-51 

Article 303 Periodic Boiler Inspections A-52 

Section 

303.1 General A-52 

303.2 Annual Inspection A-52 

303.3 Inspection of High-Pressure Boilers A-52 

303.4 Staggered Inspection Cycles A-52 

303.5 Repair of Defects A-52 

303.6 Owner's Annual Statement A-52 

303.7 Report of Inspection A-52 

303.8 Removal or Discontinuance Notice A-52 

303.9 Additional Inspections A-52 

303.10 Fees A-52 

Article 304 Periodic Inspection of Elevators . . A-52 

Section 

304.1 General A-52 

304.2 Elevators, Escalators, Moving Walkways, 

Material Lifts, Vertical Reciprocating 
Conveyors (VRC) and Dumbwaiters A-52 

304.3 Chair Lifts and Stairway Chair Lifts A-52 

304.4 Amusement Devices A-52 

304.5 Frequency of Inspection and Testing A-52 

304.6 Inspection and Testing Process A-52 

304.7 Required Contract A-53 

304.8 Fees A-53 

304.9 Additional Inspections A-53 

Article 305 Retaining Walls A-53 

Section 

305.1 Retaining Walls, Partition Fences and 

Other Site Structures A-53 

305.2 Retaining Walls Required A-53 

305.3 Special Agreement A-53 

Article 306 Party Walls A-53 

Section 

306.1 Responsibility for Party Walls A-53 

Article 307 Workplace Exits A-54 

Section 

307.1 Obstruction of Workplace Exits Prohibited . . . A-54 

307.2 Unannounced Inspections of 

Workplaces by Fire Department A-54 



307.3 Retaliation A-54 

CHAPTER 4 LICENSING AND REGISTRATION 
OF BUSINESSES, TRADES AND 
OCCUPATIONS ENGAGED IN 
BUILDING WORK A-55 

Article 401 General A-55 

Section 

401.1 Application A-55 

401.2 General Requirements for All Licenses A-55 

401.3 Definitions A-55 

401.4 Requirement of License A-56 

401.5 Application and Conditions A-56 

401.6 Qualifications of Applicant A-56 

401.7 Examination of Applicant A-57 

401.8 Investigation of Applicant A-57 

401.9 Insurance A-57 

401.10 Issuance of License, Plate and/or Seal, 

where Applicable, or Certificate of 
Competence A-57 

401.11 Term of License A-57 

40.1.12 Renewal of License or Certificate of 

Competence A-57 

401 .13 Reinstatement A-57 

401.14 Continuing Education A-57 

401.15 Schedule of Fees A-57 

401.16 Restrictions on Use of License A-59 

401.17 Use on Behalf of a Business A-59 

401.18 New York City Location Required A-59 

401.19 Suspension or Revocation of 

License or Certificate of Competence A-59 

401.20 Cooperation Required A-60 

401.21 Judicial Review of Determinations A-60 

Article 402 Site Safety Manager 

Certificate A-60 

Section 

402.1 Certificate Required A-60 

402.2 Qualifications A-60 

Article 403 Site Safety Coordinator 

Certificate A-61 

Section 

403.1 Certificate Required A-61 

403.2 Qualifications A-61 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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Article 404 Rigger License A-61 

Section 

404.1 Rigger License Required A-61 

404.2 Classification A-61 

404.3 Additional Qualifications A-61 

404.4 Additional Requirements A-62 

Article 405 Hoisting Machine Operator 

License A-62 

Section 

405.1 Hoisting Machine Operator 

License Required A-62 

405.2 Classification A-62 

405.3 Additional Qualifications A-62 

405.4 Fitness to Perform Work A-63 

405.5 Insurance Exemption A-63 

Article 406 Concrete Testing 

Laboratory License A-63 

Section 

406.1 Concrete Testing Laboratory 

License Required A-63 

406.2 Qualifications . . A-63 

406.3 Additional Requirements A-63 

406.4 No Examination Required A-63 

Article 407 Welder License A-63 

Section 

407.1 Welder License Required A-63 

407.2 Qualifications A-63 

407.3 Fitness to Perform Work A-63 

407.4 Insurance Exemption A-63 

Article 408 Master Plumber License A-63 

Section 

408.1 Master Plumber License Required A-63 

408.2 Seal A-63 

408.3 Additional Qualifications A-63 

408.4 Certificate of Competence and License, 

Plate and/or Seal A-64 

408.5 Surrender of License, Plate or Seal A-65 

408.6 Master Plumber Business A-65 

Article 409 Journeyman Plumber 

Registration A-66 

Section 

409.1 Journeyman Plumber Registration; 

Additional Qualifications A-66 



409.2 Experience A-66 

409.3 Registration Need Not Be Renewed A-66 

409.4 Registration Card A-66 

Article 410 Master Fire Suppression Piping 

Contractor License A-66 

Section 

410.1 Master Fire Suppression Piping 

Contractor License Required A-66 

410.2 Seal A-66 

410.3 Classification A-66 

410.4 Additional Qualifications A-66 

410.5 Certificate of Competence and 

License, Plate and/or Seal A-67 

410.6 Waiver of Examinations A-68 

410.7 Surrender of License, Plate and/or Seal A-68 

410.8 Master Fire Suppression Piping 

Contractor Business Required A-68 

Article 411 Journeyman Fire Suppression Piping 

Installer Registration A-69 

Section 

411.1 Journeyman Fire Suppression Piping 

Installer Registration; Additional 

Qualifications A-69 

41 1.2 Experience A-69 

411.3 No Required Expiration, Renewal or 

Reissuance A-69 

41 1.4 Required Statement A-69 

Article 412 Oil-Burning Equipment Installer 

License A-69 

Section 

412.1 Oil-Burning Equipment Installer 

License Required A-69 

412.2 Classifications A-69 

412.3 Qualifications A-69 

412.4 Fitness to Perform Work A-70 

Article 413 High-Pressure Boiler Operating 

Engineer License A-70 

Section 

413.1 High-Pressure Boiler Operating 

Engineer License Required A-70 

413.2 Qualifications A-70 

413.3 Fitness to Perform Work A-70 



XVIII 



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Article 414 Portable High-Pressure Boiler 

Operating Engineer License A-70 

Section 

414.1 Portable High-Pressure Boiler 

Operating Engineer License Required A-70 

414.2 Qualifications A-70 

414.3 Fitness to Perform Work A-71 

Article 415 Sign Hanger License A-71 

Section 

415.1 Sign Hanger License Required A-71 

415.2 Exemptions A-71 

415.3 Classification A-71 

415.4 Additional Qualifications A-71 

4.1.5.5 Additional Requirements A-71 

415.6 Fitness to Perform Work A-71 

Article 416 Filing Representative Registration A-71 

Section 

416.3 Filing Representative Registration Required . . A-71 

416.2 Exemptions A-71 

416.3 Rules A-72 

Article 417 Boards A-72 

Section 

4.1.7.1 Plumbing and Fire Suppression 

Piping Contractor License Board A-72 

Article 418 General Contractor Registration . A-72 
Section 

418.1 Requirement of Registration A-72 

418.2 Unlawful Use of General Contractor Title A-73 

418.3 Application Requirements A-73 

418.4 Warranties A-73 

41 8.5 Duties and Responsibilities A-73 

418.6 Posting of Disciplinary Actions A-73 

Article 419 Seizure and Forfeiture A-73 

Section 

419.1 General A-73 

419.2 Definitions. A-73 

419.3 Seizure Procedure A-74 

419.4 Abandoned Property A-74 

419.5 Combined Hearings A-74 

419.6 Separate Hearings A-74 

419.7 Forfeiture Procedure A-75 



CHAPTER 5 MISCELLANEOUS 

PROVISIONS A-77 

Article 501 Maintenance Permit for 

Outdoor Signs A-77 

Section 

501.1 Permit Required A-77 

501.2 Application A-77 

501.3 Permit Expiration A-77 

501.4 Civil Penalties A-77 

501.5 Construction A-77 

501.6 Exemption A-77 

Article 502 Outdoor Advertising 

Companies A-78 

Section 

502.1 Definitions A-78 

502.2 Registration of Outdoor Advertising 

Companies A-78 

502.3 Revocation or Suspension or Registration .... A-78 

502.4 Reporting Requirement A-79 

502.5 Display of Name and Registration 

Number of Outdoor Advertising 

Company A-79 

502.6 Criminal and Civil Penalties A-79 

502.7 Signs under Control of Unregistered 

Outdoor Advertising Company are 

Public Nuisance A-80 

502.8 Franchise or Concession Disqualification A-80 

502.9 Investigations A-80 

Article 503 Nuisance Abatement for 

Illegal Signs A-80 

Section 

503.1 General A-80 

503.2 Notice A-80 

503.3 Hearing A-80 

503.4 Posting of Order A-80 

503.5 Enforcement of Order A-81 

503.6 Rescission of Order A-81 

503.7 Costs A-81 

503.8 Lien A-81 

503.9 Storage and Disposal A-81 

503.10 Definitions A-81 

503. 1 1 Review of Order A-81 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



CHAPTER 1 

ADMINISTRATION 



ARTICLE 101 
GENERAL 

§28-101.1 Title. The provisions of this chapter shall apply to 
the administration of the codes set forth in this title and the 
1968 building code. The codes set forth in this title shall be 
known and may be cited as the "New York city construction 
codes" and shall consist of: 

The New York city plumbing code. 

The New York city building code. 

The New York city mechanical code. 

The New York city fuel gas code. 

§28-101.2 Intent. The purpose of this code is to provide rea- 
sonable minimum requirements and standards, based upon 
current scientific and engineering knowledge, experience and 
techniques, and the utilization of modern machinery, equip- 
ment, materials, and forms and methods of construction, for the 
regulation of building construction in the city of New York in 
the interest of public safety, health and welfare, and with due 
regard for building construction and maintenance costs. 

§28-101.3 Codes. Any reference in this title to "this code" or 
"the code" shall be deemed to be a reference to this title and all 
of the codes comprising the New York city construction codes 
unless the context or subject matter requires otherwise. When- 
ever a section or subsection of this code is cited or referred to, 
subordinate consecutively numbered sections and subsections 
of the cited provision are deemed to be included in such refer- 
ence unless the context or subject matter requires otherwise. 

§28-101.4 Effective date. Except as otherwise provided in 
sections 28-101. 4.1, 28-101.4.2, 28-101.4.3 and 28-101.4.4 on 
and after the effective date of this code, all work shall be per- 
formed in accordance with the provisions of this code. 

§28-101.4.1 Permit issued or work commenced prior to 
effective date. If a permit for work was issued prior to the 
effective date of this code or, if no permit was necessary, 
work was commenced prior to such effective date, all of the 
provisions of chapter 1 of title 27 of the administrative code 
as heretofore in effect shall apply to such work. 

§28-101.4.2 Applications for construction document 
approval submitted prior to and within twelve months 
after the effective date of this code. Any work for which an 
application for construction document approval was sub- 
mitted to the department prior to the effective date of this 
code and not thereafter abandoned, or for which an applica- 
tion for construction document approval is submitted to the 
department within a period of twelve months after such date 
may, at the option of the owner, be performed in its entirety 
in accordance with the provisions of this code, or in accor- 
dance with the 1968 building code, provided that such work 
is commenced within twelve months after the date of issu- 
ance of a permit therefore and is diligently carried on to 
completion. The commissioner may, for good cause, extend 



the time period for commencement of the work beyond 12 
months. Where the owner elects to perform the work in 
compliance with the 1968 building code, the following con- 
ditions shall apply: 

1. Except as otherwise limited by the commissioner, 
administration and enforcement of the 1968 building 
code shall be in accordance with this code, including 
but not limited to approval of construction docu- 
ments, issuance of permits and certificates of occu- 
pancy, tests and inspections, penalties and 
enforcement. Controlled inspections and semi-con- 
trolled inspections as referenced in the 1968 building 
code shall be deemed to be special inspections and 
shall comply with the provisions of this code relating 
to special inspections. Materials regulated in their use 
by the 1968 building code shall be subject to applica- 
ble provisions of this code. 

2. Safety of public and property during construction 
operations including demolition shall be governed by 
chapter 33 of the New York city building code. 

§28-101.4.3 Optional use of the 1968 building code for 
alteration of existing buildings. At the option of the owner, 
and subject to appropriate approval, a permit may be issued 
after the effective date of this code authorizing work on 
existing buildings constructed in accordance with the 1968 
building code or with the building laws in effect prior to the 
effective date of the 1968 building code, to be performed in 
accordance with the requirements and standards set forth in 
the 1968 building code, subject to the following conditions: 

1. The installation and alteration of all appliances, 
equipment and systems regulated by the New York 
city fuel gas code, the New York city plumbing code 
and the New York city mechanical code shall be gov- 
erned by applicable provisions of those codes relating 
to new and existing installations. 

2. The installation, alteration and additions to fire pro- 
tection systems regulated by Chapter 9 of the New 
York city building code, including a change of occu- 
pancy group that would require such systems, shall be 
governed by applicable provisions of such chapter 
and related referenced standards. With respect to 
existing buildings, references to occupancy classifi- 
cations in Chapter 9 of the New York city building 
code shall be deemed to refer to the equivalent occu- 
pancy classification of the 1968 building code. 

3. The installation and alteration of elevators, convey- 
ors, and amusement rides shall be governed by chap- 
ter 30, appendix K of the New York city building code 
and the rules of the department. 

4. Safety of public and property during construction 
operations including demolition shall be governed by 
chapter 33 of the New York city building code. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-1 



ADMINISTRATION 



5. Where the estimated eost of such alteration in any 
twelve-month period exceeds fifty percent of the cost 
of replacement of the building or where there is a 
change in the main use or dominant occupancy of the 
building, facilities for people with physical disabili- 
ties shall be provided in accordance with chapter 1 1 of 
the New York city building code as if the building 
were hereafter erected. 

6. Encroachments onto the public right of way shall be 
governed by chapter 32 of the New York city building 
code. 

7. Except as otherwise limited by the commissioner, 
administration and enforcement of the 1968 building 
code shall be in accordance with this code, including 
but not limited to approval of construction docu- 
ments, issuance of permits and certificates of occu- 
pancy, tests and inspections, penalties and 
enforcement. Controlled inspections and semi-con- 
trolled inspections as referenced in the 1968 building 
code shall be deemed to be special inspections and 
shall comply with the provisions of this code relating 
to special inspections. Materials regulated in their use 
by the 1 968 building code shall be subject to applica- 
ble provisions of this code. 

§28-101.4.4 Alterations that reduce the fire safety or 
structural safety of existing buildings. Notwithstanding 
any other provision of this code, where the alteration of any 
existing building in accordance with a provision of this code 
would result in a reduction of the fire safety or structural 
safety of such building, relevant provisions of the 1968 
building code shall apply to such alteration unless there is 
full compliance with those provisions of this code that 
would mitigate or offset such reduction of fire protection or 
structural safety. 

§28-101.5 Definitions. As used in this chapter and elsewhere 
in this title, the following terms shall have the following mean- 
ings unless the context or subject matter requires otherwise: 

1968 BUILDING CODE. Chapter 1 of title 27 of the adminis- 
trative code as hereafter in effect. 

ACCEPTANCE OR ACCEPTED. In reference to construc- 
tion documents, the endorsement by the department of con- 
struction documents with less than full examination by the 
department based on the professional certification of a regis- 
tered design professional in accordance with a program estab- 
lished by the commissioner. 

ADDITION. An alteration of a building in existence that 
increases its exterior dimensions including but not limited to an 
extension or increase in floor area or height (including an 
increase in height or area resulting from the construction of a 
rooftop structure for mechanical equipment) of the building. 

ADMINISTRATIVE CODE. The administrative code of the 
city of New York. 

ALTERATION. Any construction, addition, change of use or 
occupancy, or renovation to a building or structure in existence. 

APPROVAL OR APPROVED. In reference to construction 
documents, the determination by the department after full 



examination that submitted construction documents comply 
with this code and other applicable laws and rules. In reference 
to materials, the determination by the commissioner that mate- 
rial is acceptable for its intended use. 

APPROVED AGENCY. An established and recognized 
agency, or other qualified person, regularly engaged in con- 
ducting tests or furnishing inspection services, when approved 
pursuant to department rules as qualified to perform or witness 
identified testing or inspection services. 

APPROVED FABRICATOR. An established and qualified 
person, firm or corporation approved by the commissioner to 
custom manufacture or build products or assemblies regulated 
by this code. 

APPROVED INSPECTION AGENCY. An approved 
agency that is approved by the department as qualified to per- 
form one or more of the inspections required by this code. 

APPROVED TESTING AGENCY. An approved agency that 
is approved by the department as qualified to test and evaluate 
the performance of one or more of the materials regulated in 
their use by this code. Such term shall include, when approved 
pursuant to department rules, a third party testing or certifica- 
tion agency, evaluation agency, testing laboratory, testing ser- 
vice or other entity concerned with product evaluation. 

ARCHITECT. A person licensed and registered to practice 
the profession of architecture under the education law of the 
state of New York. 

BUILDING. Any structure used or intended for supporting or 
sheltering any use or occupancy. The term shall be construed as 
if followed by the phrase "structure, premises, lot or part 
thereof unless otherwise indicated by the text. 

CHARTER. The New York city charter. 

CERTIFICATE OF COMPLIANCE. A certificate stating 
that materials meet specified standards or that work was done 
in compliance with approved construction documents and 
other applicable provisions of law and with respect to specified 
service equipment, a certificate issued by the department 
authorizing the operation of such equipment. 

CITY. The city of New York. 

COMMISSIONER. The commissioner of buildings of the 
city of New York, or his or her duly authorized representative. 

CONSTRUCTION DOCUMENTS. Plans and specifica- 
tions and other written, graphic and pictorial documents, pre- 
pared or assembled for describing the design, location and 
physical characteristics of the elements of the project necessary 
for obtaining a building permit. 

DEFERRED SUBMITTAL. Those portions of the design 
that are not submitted at the time of the application for con- 
struction document approval and that are to be submitted to the 
department within a specified period of time after the issuance 
of a permit, 

DEMOLITION. Full or partial demolition. 

DEMOLITION, FULL: The dismantling, razing, or removal 
of all of a building or structure, including all operations inci- 
dental thereto. 



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ADMINISTRATION 



DEMOLITION, PARTIAL: The dismantling, razing, or 
removal of structural members, floors, interior bearing walls, 
and/or exterior walls or portions thereof, including all opera- 
tions incidental thereto. 

DEPARTMENT. The department of buildings of the city of 
New York. 

ENGINEER. A person licensed and registered to practice the 
profession of engineering under the education law of the state 
of New York. 

ENLARGEMENT. An addition. 

EXISTING BUILDING OR STRUCTURE, (i) A building 
or structure in existence prior to the effective date of this code 
or one for which a lawful building permit was issued for the 
erection of such building or structure prior to the effective date 
of this code. (i.i) A building or structure erected in accordance 
with the 1968 building code under a lawful building permit 
issued for the erection of such building or structure after the 
effective date of this code in accordance with section 
28-101.4.2 of this code. 

FABRICATED ITEM. Products and assemblies regulated by 
this code, that are custom manufactured, or built prior to their 
incorporation into the work at the job site. Fabricated items 
shall not include listed, labeled or approved products or assem- 
blies. 

FIRE PROTECTION PLAN. A report containing a narrative 
description of the life and fire safety systems and evacuation 
system for a structure. 

HEREAFTER. On or after the effective date of this code. 

HERETOFORE. Before the effective date of this code. 

INSPECTION CERTIFICATE. Identification applied to a 
product by an approved agency containing the name of the 
manufacturer, the function and performance characteristics, 
and the name and identification of the approved agency that 
indicates that the product or material has been inspected and 
evaluated by such approved agency. An inspection certificate 
shall also mean a certificate issued by the department upon sat- 
isfactory completion of an inspection or test. 

LABEL. Identification applied to material by the manufac- 
turer or an approved agency that contains the name of the man- 
ufacturer, the function and performance characteristics of the 
material, and the name and identification of the approved 
agency that conducted the evaluation of a representative sam- 
ple of such material. 

LABELED. Material to which has been attached a label, sym- 
bol or other identifying mark of the manufacturer that contains 
the name of the manufacturer, the function and performance 
characteristics of the product or material, and the name and 
identification of an approved agency and that indicates that a 
representative sample of the material has been tested and evalu- 
ated by an approved agency for compliance with nationally 
recognized standards or tests to determine suitable usage in a 
specified manner. 



LAND SURVEYOR. A person licensed and registered to 
practice the profession of land surveying under the education 
law of the state of New York. 

LISTED. Material identified in a list published by an approved 
agency that maintains periodic inspection of production of 
listed material or periodic evaluation services and whose list- 
ing states either that the material meets identified nationally 
recognized standards or has been tested and found suitable for 
a specified purpose when installed in accordance with the man- 
ufacturer's installation instructions. 

LETTER OF COMPLETION. A document issued by the 
department indicating that permitted work has been completed, 
including satisfactory final inspection in accordance with this 
code. A letter of completion is issued only in circumstances 
where a certificate of occupancy is not required upon comple- 
tion of the permitted work. 

LIMITED PLUMBING ALTERATIONS. An alteration to a 
plumbing system where the total cost of the proposed work in 
the building does not exceed twenty five thousand dollars in 
any 12 month period and the proposed work is limited to the 
following; 

1. The installation of new plumbing or gas piping, or the 
rerouting of existing plumbing or gas piping; 

2. The addition of not more than two plumbing fixtures or 
fixture connections; 

3. The mounting of new plumbing fixtures on existing 
roughings, other than the mere replacement of existing 
fixtures constituting a minor alteration or ordinary repair 
under this code; and 

4. The installation or replacement of backflow preventers. 

LIMITED SPRINKLER ALTERATIONS. An alteration to 
an existing sprinkler system where the total cost of the pro- 
posed work in the building does not exceed twenty five thou- 
sand dollars in any 12-month period and the proposed work is 
limited to the following: 

1. Replacement of parts required for the operation of a 
sprinkler system; 

2. Replacement of sprinkler heads, provided that orifice 
sizes, type and deflector positions remain the same; 

3. Changes that do not alter the type of sprinkler system; 

4. Relocation of piping that does not affect the operation of 
the sprinkler system; and 

5. Rearrangement of not more than 20 sprinkler heads in 
areas presently sprinklered in light hazard occupancy, as 
such term is defined in reference standards, which will 
remain in such occupancy, provided that the addition of 
sprinkler heads in existing systems shall be limited to 
light hazard occupancies in rooms or spaces not exceed- 
ing 800 square feet (74.3 m 2 ) requiring only one head 
with the maximum spacing allowed by the code, and pro- 
vided that the number of new heads does not exceed a 
total of five. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-3 



ADMINISTRATION 



LIMITED STANDPIPE ALTERATIONS. An alteration to 
an existing standpipe system where the total cost of the pro- 
posed work in the building does not exceed twenty five thou- 
sand dollars in any 12-month period and the proposed work is 
limited to the following: 

1. Replacement of parts required for the operation of a 
combined standpipe system; and 

2. Relocation of combined standpipe auxiliary hose 
sources and cabinets within 10 feet (3048 mm) of their 
original location, provided that the existing covered area 
is not affected and provided that such relocation com- 
plies with this code for a new installation. 

MAIN USE OR DOMINANT OCCUPANCY (OF A 

BUILDING). Refers to a single occupancy classification 
assigned to a structure by the department according to such 
structure's main use or dominant occupancy. 

MANUFACTURER'S DESIGNATION. Identification 
applied to material by the manufacturer indicating that the 
material complies with a specified standard or set of rules. 

MARK. Identification applied to a product by the manufac- 
turer indicating the name of the manufacturer and the function 
of a product or material. 

MATERIALS. Materials, assemblies, appliances, equipment, 
devices, systems, products and methods of construction regu- 
lated in their use by this code or regulated in their use by the 
1968 building code. 

OCCUPANCY. The purpose or activity for which a building 
or space is used or is designed, arranged or intended to be used. 

OWNER. Any person, agent, firm, partnership, corporation or 
other legal entity having a legal or equitable interest in, or con- 
trol of the premises. 

PARTY WALL. A fire division on an interior lot line common 
to two adjoining buildings. 

PERMIT. An official document or certificate issued by the 
commissioner that authorizes performance of specified work 
or activity. 

PERSON. An individual, partnership, corporation, or other 
legal entity. 

PREMISES. Land, improvements thereon, or any part 
thereof. 

PROFESSIONAL CERTIFICATION. A personal verifica- 
tion of a registered design professional made under such pro- 
fessional's signature and seal that accompanies construction 
documents and other submittal documents filed with the 
department and that attests that such documents do not contain 
false information and are in compliance with all applicable pro- 
visions of law. 

REGISTERED DESIGN PROFESSIONAL. An architect 
or engineer. 

REGISTERED DESIGN PROFESSIONAL OF 
RECORD. The registered design professional who prepared 
or supervised the preparation of applicable construction docu- 
ments filed with the department. 



REQUIRED. Shall mean required by the provisions of this 
code. 

RETAINING WALL. A wall designed to prevent the lateral 
displacement of soil or other materials.^ 

SERVICE EQUIPMENT. Equipment or systems, and all 
components thereof, that provide sanitation, power, light, heat, 
ventilation, air conditioning, refuse disposal, fire-fighting, 
transportation or other facilities for buildings. 

SIGN-OFF. The issuance by the department of a letter of com- 
pletion or certificate of occupancy for permitted work indicat- 
ing the satisfactory completion of all required inspections and 
receipt by the department of all required submittal documents. 

SINGLE ROOM OCCUPANCY MULTIPLE DWELL- 
ING. See section 28-107.2. 

SPECIAL INSPECTION. Inspection of selected materials, 
equipment, installation, fabrication, erection or placement of 
components and connections, to ensure compliance with 
approved construction documents and referenced standards as 
required by chapter 17 of the New York city building code or 
elsewhere in this code or its referenced standards. 

SPECIAL INSPECTOR. An individual having required 
qualifications and authorized by the department to perform or 
witness particular special inspections required by this code or 
by the rules of the department, including but not limited to a 
qualified registered design professional so authorized. 

SUPERINTENDENT OF CONSTRUCTION (CON- 
STRUCTION SUPERINTENDENT). An individual, when 
authorized pursuant to department rules as qualified to superin- 
tend permitted construction work on behalf of the owner. 

STRUCTURE. That which is built or constructed, including 
among others: buildings, stadia, tents, reviewing stands, plat- 
forms, stagings, observation towers, radio towers, tanks, tres- 
tles, open sheds, shelters, fences, and display signs. 

SUBMITTAL DOCUMENTS. Completed application 
forms, construction documents, reports and any other required 
documents submitted in compliance with this code or other 
applicable laws and rules including but not limited to special 
inspection reports, certifications or approvals from other gov- 
ernmental agencies and other data required by this code or by 
the department. 

USE (USED). The purpose for which a building, structure, or 
space is occupied or utilized, unless otherwise indicated by the 
text. Use (used) shall be construed as if followed by the words 
"or is intended, arranged, or designed to be used." 

UTILITY COMPANY OR PUBLIC UTILITY COM- 
PANY. The term shall be construed to have the same meaning 
as that contained in section two of the New York state public 
service law. 

UTILITY CORPORATION OR PUBLIC UTILITY COR- 
PORATION. The term shall be construed to have the same 
meaning as that contained in section two of the New York state 
public service law. 

WORK NOT CONSTITUTING MINOR ALTERATIONS 
OR ORDINARY REPAIRS. See section 28-105.4 2.1. 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



WRITING (WRITTEN). The term shall be construed to 
include handwriting, typewriting, printing, photo-offset, or 
any other form of reproduction in legible symbols or charac- 
ters, including, in the discretion of the commissioner, elec- 
tronic media. 

WRITTEN NOTICE. A notification in writing delivered by 
hand to the person or parties intended, or delivered at or sent by 
mail or in the discretion of the commissioner by electronic 
media to the last address known to the party giving such notice. 

ZONING RESOLUTION. The zoning resolution of the city 
of New York, adopted December fifteenth, nineteen hundred 
sixty-one, including all amendments thereto. 



ARTICLE 102 
APPLICABILITY 

§28-102.1 General. Where, in any specific case, different sec- 
tions of this code specify different materials, methods of con- 
struction or other requirements, the most restrictive shall 
govern. Where a general requirement conflicts with a specific 
requirement, the specific requirement shall govern. Where 
British and metric units of measurement conflict, the British 
units shall govern. 

§28-102.2 Other laws. The provisions of this code do not pre- 
sumptively provide for matters that are contained in the charter, 
the labor law, the multiple dwelling law, the zoning resolution, 
or the genera] city law. Where there is conflict or inconsistency 
between the requirements of this code and other applicable 
laws and rules, unless otherwise required, such conflict shall be 
resolved in favor of the more restrictive requirement. 

§28-102.3 Separability. If any clause, sentence, paragraph, 
section or part of this code shall be adjudged to be invalid, such 
judgment shall not affect, impair or invalidate the remainder 
thereof, but shall be confined in its operation to the clause, sen- 
tence, paragraph, or part thereof directly involved in the contro- 
versy in which such judgment shall have been rendered. 

§28-102.4 Existing buildings. The lawful use or occupancy of 
any existing building or structure, including the use of any ser- 
vice equipment therein, may be continued unless a retroactive 
change is specifically required by the provisions of this code or 
other applicable laws or rules. The continuation of the unlawful 
use or occupancy of a building or structure after the effective 
date of this code contrary to the provisions of this code or other 
applicable law or rule shall be a violation of this code. 

§28-102.4.1 Existing buildings must comply with the 
applicable retroactive requirements of the 1968 building 
code. Existing buildings must comply with the applicable 
retroactive requirements of the 1968 building code includ- 
ing those requiring the installation of fire safety and build- 
ing safety systems and the filing of verifying reports with 
the department of such installations by the dates specified in 
section 27-228.5 of the administrative code or in other 
applicable provisions of such 1968 building code. A viola- 
tion of such provisions shall be a violation of this code. 

§28-102.4.2 Change in use or occupancy. Except as other- 
wise provided in sections 28-101.4.1, 28-101.4.2, 



28-101.4.3 or 28-101.4.4 changes in the use or occupancy 
of any building or structure made after the effective date of 
this code shall comply with the provisions of this code. Any 
changes made in the use or occupancy of a building or struc- 
ture not in compliance with this code shall be prohibited and 
shall be a violation of this code. After a change in use or 
occupancy has been made in a building, the re-establish- 
ment of a prior use or occupancy that would not be lawful in 
a new building of the same construction class shall be pro- 
hibited unless and until all the applicable provisions of this 
code and other applicable laws and rules for such reestab- 
lished use or occupancy shall have been complied with. A 
change from a use prohibited by the provisions of this code, 
but which was permitted prior to the effective date of this 
code, to another use prohibited by the provisions of this 
code shall be deemed a violation of this code. 

§28-102.4.3 Alteration of existing structures. Except as 
otherwise provided in sections 28-101.4.1, 28-101 .4.2, 
28-101.4.3 and 28-101.4.4, existing structures altered after 
the effective date of this code shall comply with the provi- 
sions of this code. In accordance with subdivision eleven of 
section three of the multiple dwelling law and article 4 of 
subchapter 1 of the 1968 building code, at the option of the 
owner, multiple dwellings erected prior to December 6, 
1969 may be altered and buildings erected prior to Decem- 
ber 6, 1969 may be converted to multiple dwellings in 
accordance with applicable provisions of the multiple 
dwelling law and the building laws and regulations in effect 
prior to December 6, 1968, provided the general safety and 
public welfare are not thereby endangered. 

§28-102.4.4 Occupancy classifications. With regard to 
existing buildings, references to occupancy classifications 
in this code shall be deemed to refer to the equivalent occu- 
pancy classification under the 1968 building code. 

§28-102.5 Grading of lots. The regulation of lots, in confor- 
mity with the street on which they are situated, shall be calcu- 
lated at curb level. Where a lot has more than one street 
frontage, and is so situated that the street frontages intersect, 
the curb of the longest street frontage shall be used. When the 
street frontages do not intersect, the curb along each frontage 
shall be used to one-half the depth of the lot between street 
frontages. A lot as referred to in this section 28-1.02.5 shall 
mean a parcel of land twenty-five feet by one hundred feet, or 
less, in one ownership whether adjacent land be in the same or 
other ownership; but, for this purpose, no land in the same own- 
ership may be divided into lots smaller than twenty-five feet by 
one hundred feet. 

§28-102.6 Appendices. All enacted appendices are a part of 
the provisions of this code. 

§28-102.7 References in other laws. References to provisions 
of the building code of the city of New York or to chapter 1 of 
title 27 of the administrative code in other laws shall be deemed 
to refer to equivalent provisions of the 1968 building code or 
the New York city construction codes as the context in which 
such references appear may require. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-5 



ADMINISTRATION 



ARTICLE 103 

DUTIES AND POWERS OF COMMISSIONER OF 

BUILDINGS 

§28-103.1 Jurisdiction. This code shall be enforced by the 
commissioner of buildings, pursuant to the provisions of sec- 
tion six hundred forty-three of the New York city charter. How- 
ever, the commissioner of small business services may also 
enforce all of the provisions of this code with respect to build- 
ings under the jurisdiction of the department of small business 
services and the fire commissioner may also enforce all the 
provisions of this code relating to: 

1 . The approved number of persons in places of assembly 
(overcrowding); 

2. Obstruction of aisles, corridors, and exits; 

3. The posting and availability for inspection of certificates 
of occupancy or other authorization of lawful occu- 
pancy, certificates of compliance and place of assembly 
certificates of operation; 

4. The maintenance of fire, smoke and carbon monoxide 
detection and alarm systems, fire extinguishing systems, 
refrigerating systems, storage tanks and auxiliary stor- 
age tanks for oil burning equipment, exit signs and path 
markings, and any fire or life safety system, equipment 
or device intended for use by fire fighting personnel or 
whose use or operation is subject to the New York city 
fire code or other law or rule enforced by the New York 
city fire department, and any related installation and 
signage; and 

5. The installation and testing of fire alarm systems, 
smoke-detecting and carbon monoxide detecting 
devices that are interconnected with a fire alarm system 
or monitored by a central station, and fire extinguishing 
systems for commercial cooking appliances. 

6. Fire fighting equipment, access to and within premises 
upon or in which construction and demolition work is 
being conducted, and the conduct of all construction or 
demolition work affecting fire prevention and fire fight- 
ing. 

§28-103.1.1 Installation of equipment required by the 
New York city fire code. Where the installation of exit 
signs, emergency means of egress illumination, special 
mechanical ventilation and sprinkler and fire alarm systems 
is required by the New York city fire code, the fire commis- 
sioner shall require such installations to be in accordance 
with this code. 

§28-103.1.2 Enforcement of New York city construction 
codes on property within the jurisdiction of the depart- 
ment of small business services. This code and the 1968 
building code shall apply to property within the jurisdiction 
of the department of small business services pursuant to the 
New York city charter including, but not limited to, struc- 
tures on waterfront property used in conjunction with and in 
furtherance of waterfront commerce and/or navigation. It 
shall be administered and enforced by the department of 
small business services in the same manner as property 
within the jurisdiction of the department. 



§28-103.2 Interpretation. This code shall be liberally inter- 
preted to secure the beneficial purposes thereof. 

§28-103.3 Variations. The requirements and standards pre- 
scribed in this code shall be subject to variation in specific 
cases by the commissioner, or by the board of standards and 
appeals, under and pursuant to the provisions of paragraph two 
of subdivision (b) of section six hundred forty-five and section 
six hundred sixty-six of the New York city charter, as amended. 

§28-103.4 Appeals. An appeal from any decision or interpreta- 
tion of the commissioner may be taken to the board of stan- 
dards and appeals pursuant to the procedures of the board, 
except as provided in section 25-204 of the administrative code 
or as otherwise provided in this code. 

§28-103.5 Seal; judicial notice. The commissioner may 
design and adopt a seal for the department for use in the authen- 
tication of the orders and proceedings of the department, and 
for such other purposes as the commissioner may prescribe. 
The courts shall take judicial notice of such seal, and of the sig- 
nature of the commissioner, the deputy commissioners, and the 
borough superintendents of the department. 

§28-103.6 Proofs, affidavits and oaths. Proofs, affidavits and 
examinations as to any matter arising in connection with the 
performance of any of the duties of the department may be 
taken by or before the commissioner, or a deputy commis- 
sioner, or such other person as the commissioner may desig- 
nate; and such commissioner, deputy or other person may 
administer oaths in connection therewith. 

§28-103.7 Cooperation of other departments. Upon request 
of the commissioner, it shall be the duty of all departments to 
cooperate with the department of buildings at all times, and to 
furnish to such department such information, reports and assis- 
tance as the commissioner may require. 

§28-103.8 Matters not provided for. Any matter or require- 
ment essential for fire or structural safety or essential for the 
safety or health of the occupants or users of a structure or the 
public, and which is not covered by the provisions of this code 
or other applicable laws and rules, shall be subject to determi- 
nation and requirements by the commissioner in specific cases. 

§28-103.9 Additional tests. Whenever there is insufficient 
evidence of compliance with the provisions of this code, or evi- 
dence that a material or method of construction does not con- 
form to the requirements of this code, or in order to substantiate 
claims for alternative materials or methods, the commissioner 
shall have the authority to require tests as evidence of compli- 
ance to be made at no expense to the city. Test methods shall be 
as specified in this code, or by other recognized test standards 
approved by the commissioner. In the absence of recognized 
and accepted test methods, the commissioner shall approve the 
testing procedures. Tests shall be performed as directed by the 
commissioner. Reports of such tests shall be retained by the 
department for the period required for retention of public 
records. 

§28-103.10 Supporting documentation for materials. 

Whenever this code or the rules of the department permits the 
use of material regulated in its use by this code or the 1968 
building code without the prior approval of the commissioner, 
the commissioner may, in the interest of public safety, require 



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ADMINISTRATION 



the submittal of supporting documentation that any material 
used or proposed to be used complies with the applicable code 
standard for such use. Such supporting documentation may 
consist of but shall not be limited to certification documents of 
an approved agency, test reports, analysis, computations or 
other evidence of such compliance. 

§28-103.11 Applications and permits. The department shall 
receive and review applications, construction documents, and 
other submittal documents and shall issue permits, in accor- 
dance with the provisions of this code. 

§28-103.12 Identification. Department personnel shall carry 
metal badges with suitable inscriptions thereon or other pre- 
scribed identification when inspecting structures or premises 
or otherwise in the performance of their duties under this code. 

§28-103.13 Right of entry. The commissioner or his or her 
authorized representatives, in the discharge of their duties, 
shall have the right to enter upon and inspect, at all reasonable 
times, any buildings, enclosure, premises, or any part thereof, 
or any signs or service equipment contained therein or attached 
thereto for the purpose of determining compliance with the 
provisions of this code and other applicable building laws and 
rules. Officers and employees of the department shall identify 
themselves by exhibiting the official badge or other identifica- 
tion prescribed by the department; and other authorized repre- 
sentatives of the commissioner shall identify themselves by 
producing and exhibiting their authority in writing signed by 
the commissioner. If access is not obtained, the commissioner 
shall have recourse to remedies provided by law to secure entry. 

§28-103.14 Department records. The department shall keep 
official records of applications received, permits and certifi- 
cates issued, fees collected, reports of inspections, and notices 
and orders issued. Such records shall be retained in the official 
records for the period required for retention of public records. 

§28-103.14.1 List of permits for cellular antenna. The 

commissioner shall maintain a separate list of alteration per- 
mits issued for the erection or placement of antennae used to 
provide cellular telephone or similar service or any structure 
related to such service which shall, at a minimum, set forth 
the name, business address and business telephone number 
of the applicant, the date of the application, the date the per- 
mit was issued, the location for which the permit was issued, 
including the premises address and the zoning district, 
whether residential, commercial, or manufacturing, and the 
number of permits issued for such purpose at the same loca- 
tion. Such list shall be made available to the public upon 
request between regular business hours and shall be avail- 
able to the public in electronic format on a 24-hour basis on 
the department's website. 

§28-103.15 Insurance. The commissioner may require appli- 
cants for permits to obtain and furnish proof of workers' com- 
pensation, disability and general liability insurance in such 
amounts and in accordance with such specifications as shall be 
set forth in the rules of the department or as otherwise required 
by law. 

§28-103.16 Inspections of completed buildings, structures, 
signs, service equipment and construction machinery and 
equipment. In addition to other required inspections, the com- 



missioner may make or require inspections of completed build- 
ings, structures, signs, service equipment installations and con- 
struction machinery and equipment to ascertain compliance 
with the provisions of this code and other laws that are enforced 
by the department. Such inspections may be made on behalf of 
the department by officers and employees of the department 
and other city departments and governmental agencies; and by 
approved agencies, special inspectors or other persons when 
the commissioner is satisfied as to their qualifications and reli- 
ability. The commissioner may accept inspection and test 
reports from persons authorized by this code or by the commis- 
sioner to perform such inspections. Such reports shall be filed 
with the department. 

§28-103.17 Certain outside work, employment and finan- 
cial interests of department employees prohibited. It shall 
be unlawful for any officer or employee of the department to be 
engaged in conducting or carrying on business as an architect, 
engineer, carpenter, plumber, iron worker, mason or builder, or 
any other profession or business concerned with the construc- 
tion, alteration, sale, rental, development, or equipment of 
buildings. It shall also be unlawful for such employees to be 
engaged in the manufacture or sale of automatic sprinklers, fire 
extinguishing apparatus, fire protection devices, fire preven- 
tion devices, devices relating to the means or adequacy of exit 
from buildings, or articles entering into the construction or 
alteration of buildings, or to act as agent for any person 
engaged in the manufacture or sale of such articles, or own 
stock in any corporation engaged in the manufacture or sale of 
such articles. 

§28-103.18 Investigation of complaints. The commissioner 
shall cause all complaints to be investigated. For purposes of 
investigating complaints of violations of law enforced by the 
department, the commissioner may by rule establish a program 
to classify structures based on their enforcement history and 
may create criteria for such classification and assign enforce- 
ment resources accordingly. 

§28-103.18.1 Complaint records. The department shall 
keep records of complaints made by any person in reference 
to any building or other matter under the jurisdiction of the 
department. Recorded complaints shall include the name 
and residence of the complainant, the name of the person 
complained of, the date of the entry of the complaint and any 
suggested remedies. Except for entries of names and resi- 
dences of the complainants, such records shall be made 
available for public examination. 

§28-103.19 Addition, modification, and deletion of refer- 
enced standards. The standards referenced in this code may 
be added to, deleted or modified pursuant to local law or by rule 
of the department. Every such rule adding, deleting or modify- 
ing a referenced standard shall indicate the promulgating 
agency of the standard, the standard identification, the effective 
date and title and the section or sections of this code to which 
such standard applies. The commissioner shall act in consulta- 
tion with the fire commissioner on matters relating to fire 
safety. 

Exception: Referenced standards in the New York city 
plumbing code, other than referenced national standards 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ADMINISTRATION 



contained in chapter 1 3 of such code, shall not be added to, 
deleted, or modified by rule. 

§28-103.20 Existing rules continued. Rules promulgated by 
the department in accordance with the law in effect prior to the 
effective date of this code shall remain in effect for the matters 
covered to the extent that such rules are not inconsistent with 
this code unless and until such rules are amended or repealed 
by the department. 



ARTICLE 104 
CONSTRUCTION DOCUMENTS 

§28-104.1 General. The department shall not issue a permit 
pursuant to this code, or a place of assembly operation certifi- 
cate pursuant to this code unless and until it approves all 
required construction documents for such work. The depart- 
ment shall not issue an electrical work permit pursuant to the 
New York city electrical code for fire and emergency alarm 
systems, solar panels and wind turbines unless and until it 
approves all required construction documents for such work. 
Such construction documents shall be prepared by or under the 
supervision of a registered design professional as required by 
this code. An application for an associated work permit shall 
not be submitted to the department until all required construc- 
tion documents have been approved. 

§28-104.1.1 Construction documents subject to the New 
York city fire code. Except as the New York city fire code 
may otherwise provide, the construction documents for 
facilities and systems for which the fire code provides 
design and installation requirements, including but not lim- 
ited to fire alarm systems, flammable and combustible liq- 
uids, compressed gases, explosives and other hazardous 
materials; flammable spraying systems and facilities; auto- 
matic water sprinkler systems for hazardous material and 
combustible material storage, and non- water fire extin- 
guishing systems, shall be subject to the review and 
approval of the fire commissioner in accordance with the 
New York city fire code. Approval by the department of 
construction documents for new or existing buildings con- 
taining such facilities and systems shall not be construed as 
approval of such systems and facilities. 

§28-104.2 Application for approval of construction docu- 
ments. The department shall assign ajob number to and docket 
all applications for approval of construction documents and 
any amendments thereto filed with it. The department shall 
examine the construction documents promptly after their sub- 
mission. The examination shall be made under the direction of 
the commissioner for compliance with the provisions of this 
code and other applicable laws and rules. The personnel 
employed for the examination of construction documents shall 
be qualified registered design professionals, experienced in 
building construction and design. 

§28-104.2.1 Less than full examination of construction 
documents. The commissioner may, in the commissioner's 
discretion, establish a program whereby construction docu- 
ments may be accepted with less than full examination by 
the department based on the professional certification of an 
applicant who is a registered design professional. 



§28-104.2.1.1 Effect of acceptance. Except as other- 
wise specified in this code or in the rules of the depart- 
ment, for the purposes of this code, the acceptance of 
construction documents in accordance with such pro- 
gram shall have the same force and effect as the approval 
of construction documents after full examination by the 
department. Except as otherwise specified in this code or 
in the rules of the department, references in this code to 
approved construction documents or to the approval of 
construction documents shall also be deemed to refer to 
accepted construction documents or to the acceptance of 
construction documents, as applicable. 

§28-104.2.1.2 Program requirements. The commis- 
sioner may establish qualifications and requirements for 
registered design professionals to participate in such pro- 
gram and may exclude, suspend or otherwise sanction 
participants for cause. 

§28-104.2.1.3 Mandatory program requirements. 

Registered design professionals participating in such 
program shall be subject to sections 28-104.2.1.3.1 
through 28-104.2.1.3.2. 

§28-104.2.1.3.1 Probation. A registered design pro- 
fessional shall not be eligible to participate in the pro- 
gram during any period of probation imposed as a 
sanction by the board of regents pursuant to section 
65 1 1 of the education law. 

§28-104.2.1.3.2 Mandatory sanctions. The com- 
missioner shall, after the opportunity for a hearing 
before the office of administrative trials and hearings 
in accordance with department rules, exclude, sus- 
pend or otherwise condition the participation of a reg- 
istered design professional who (i) knowingly or 
negligently submits a professional certification of an 
application and/or construction documents that con- 
tains false information or is not in compliance with all 
applicable provisions of law, or (ii) submits two pro- 
fessionally certified applications for construction 
document approval within any 12-month period con- 
taining errors that result in revocation of an associated 
permit or that otherwise demonstrate incompetence 
or a lack of knowledge of applicable laws. The term 
"otherwise condition'' shall mean limitations on such 
professional's participation in the program, such as, 
but not limited to, audits and monitoring of the regis- 
tered design professional's applications and other 
submissions. 

§28-104.2.1.3.2.1 Reinstatement. A registered 
design professional who is excluded from the pro- 
gram in accordance with section 28-104.2.1.3 may 
apply for reinstatement one year or more after such 
exclusion. An applicant who the commissioner 
finds is qualified to resume participation in the 
program shall be on probation for a period of not 
less than 6 months after reinstatement and during 
that time shall as a condition of such reinstatement 
attend one or more training or continuing educa- 
tion courses, approved by the department, related 
to compliance with the building code and related 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



laws and rules and the zoning resolution. The pro- 
fessional shall submit satisfactory proof of the suc- 
cessful completion of such training or continuing 
education courses to the department. 

§28-104.2.1.3.2.2 Mandatory permanent revo- 
cation. The commissioner shall permanently 
revoke, without the opportunity of restoration, the 
professional certification privileges of an engineer 
or architect who, while on probation, profession- 
ally certifies an application, plans, construction 
documents or other document that contains false 
information or is not in compliance with all appli- 
cable provisions of law or who otherwise demon- 
strates incompetence or a lack of knowledge of 
applicable laws. 

§28-104.2.1.3.2.3 Construction. Nothing herein 
shall be construed to limit the commissioner's 
power, consistent with state and local law, to adopt 
rules that include additional grounds to limit the 
filing privileges of or otherwise sanction registered 
design professionals, after the opportunity for a 
hearing, who it determines, knowingly or negli- 
gently submit applications or other documents to 
the department that contain false information or 
are not in compliance with all applicable provi- 
sions of law or that otherwise demonstrate incom- 
petence or a lack of knowledge of applicable law or 
standards. 

§28-104.2.1.4 Database. The department shall create 
and maintain a database of all registered design profes- 
sionals who have been excluded, suspended or otherwise 
sanctioned by the department. Within 7 business days of 
the date a sanction is imposed, the department shall post 
on its website and shall make available upon request, the 
name of the registered design professional, a description 
of the sanction, the initial date of the sanction, the rein- 
statement date, if applicable, the address of the premises 
for which the application associated with the sanction 
was submitted, and whether the sanction was imposed 
after a hearing or a settlement. The department shall pro- 
vide requested information concerning the exclusion, 
suspension or other sanction of a specific registered 
design professional within 30 days of such request. 

§28-104.2.1.5 Applicant requirement. The program 
shall include a condition that the applicant remain with 
the job until it is signed-off by the department and that if 
the applicant withdraws from the job before the issuance 
of a letter of completion or certificate of occupancy, as 
applicable, all work shall stop and no permit, letter of 
completion or certificate of occupancy shall be issued 
until a successor registered design professional is desig- 
nated as applicant and such person submits (i) a profes- 
sional certification indicating his or her concurrence 
with the construction documents as accepted by the 
department or (ii) new construction documents are 
approved or accepted by the department. 

§28-104.2.2 Approval or acceptance to be indicated on 
construction documents. All construction documents, 



when approved, shall be stamped or endorsed "approved" 
under the official method of the department, followed by a 
notation of the date except that construction documents 
accepted with less than full examination by the department 
shall be stamped or endorsed "accepted" instead of 
"approved". One set of "approved" or "accepted" construc- 
tion documents shall be retained by the department and 
another set shall be maintained at the job site until the work 
authorized by the permit is completed and signed-off by the 
department. 

§28-104.2.3 Time limitation of application. An applica- 
tion for approval of construction documents shall be 
deemed to have been abandoned 12 months after the date of 
its submission, unless such application has been diligently 
prosecuted after rejection in whole or in part, or unless a per- 
mit shall have been issued pursuant to this code, except that 
the commissioner may upon application, for reasonable 
cause, grant extensions of time for additional 12-month 
periods. 

§28-104.2.4 Conditions of approval. All construction doc- 
uments approved by the commissioner shall be conditioned 
upon and subject to compliance with the requirements of 
this code and other applicable laws and rules in effect at the 
time of issuance of the associated work permit or place of 
assembly certificate of operation. 

§28-104.2.5 Phased or partial approval. In the case of 
construction documents for the construction of new build- 
ings or the alteration of buildings, the commissioner may 
grant partial approval of construction documents for the 
issuance of foundation and earthwork permits before the 
construction documents for the entire building or structure 
have been submitted. The approval of such partial applica- 
tions will be subject to the submittal and approval of con- 
struction documents, filed together or separately, 
comprising: 

1 . The lot diagram showing the exact location of the lot 
and dimensions to the nearest corner; 

2. A complete zoning analysis showing compliance of 
the proposed work with the zoning resolution; 

3. The foundation plans, as provided for in this code; 
and 

4. The floor and roof plans showing compliance with 
exit requirements, as provided for in this code. 

The issuance of such foundation and earthwork permit is 
subject to submission of required submittal documents. The 
owner and the holder of such foundation and earthwork per- 
mit shall proceed at their own risk with the construction 
operation and without assurance that a permit for the entire 
structure will be granted. 

§28-104.2.6 Deferred submittal. With the prior approval 
of the department, the applicant may defer submittal of por- 
tions of the design until a specified period of time after the 
issuance of a permit. The applicant shall list the deferred 
submittal items on the initial application for construction 
document approval. The deferred submittal items shall not 
be constructed or installed until the design and submittal 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ADMINISTRATION 



documents for the item have been approved by the depart- 
ment. 

§28-104.2.7 Time period for review. Completed construc- 
tion documents complying with the provisions of this code 
and other applicable laws and rules shall be approved by the 
commissioner and written notice of approval shall be given 
the applicant promptly and no later than 40 calendar days 
after the submission of a complete application. 

Exceptions: 

1. On or before the fortieth day, the commissioner 
may, for good cause shown and upon notification 
to the applicant, extend such time for an additional 
20 calendar days. 

2. Such time period for review shall commence in 
accordance with article 107 for single room occu- 
pancy multiple dwellings. 

§28-104.2.8 Notification of rejection. Applications failing 
to comply with the provisions of this code and other applica- 
ble laws and rules shall be rejected and written notice of 
rejection, stating the grounds of rejection, shall be given the 
applicant promptly and not later than the date required in 
section 28-104.2.7. 

§28-104.2.9 Resubmission. Whenever an application has 
been rejected and is thereafter revised and resubmitted to 
meet the stated grounds of rejection, the revised application 
and construction documents shall be approved if they meet 
the stated grounds of rejection and otherwise comply with 
the provisions of this code and other applicable laws and 
rules or shall be rejected if they fail to meet the stated 
grounds of rejection or otherwise fail to so comply. Written 
notice of approval or written notice of rejection, stating the 
grounds of rejection, shall be given the applicant promptly 
and not later than 20 calendar days after the resubmission of 
such documents. 

§28-104.2.10 Revocation of approval. The commissioner 
may, on notice to the applicant, revoke the approval of con- 
struction documents for failure to comply with the provi- 
sions of this code or other applicable laws or rules; or 
whenever there has been any false statement or any misrep- 
resentation as to a material fact in the submittal documents 
upon the basis of which such approval was issued; or when- 
ever an approval has been issued in error and conditions are 
such that approval should not have been issued. Such notice 
shall inform the applicant of the reasons for the proposed 
revocation and that the applicant has the right to present to 
the commissioner or his or her representative within 10 
business days of personal service or 15 calendar days of the 
posting of service by mail, information as to why the 
approval should not be revoked. 

§28-104.2.10.1 Effect on work permit. The effect of 
revocation of approval of construction documents is the 
automatic revocation of all associated work permits that 
may have been issued. 

§28-104.3 Amended construction documents. Subject to the 
time limitations set forth in this code, amendments to approved 
construction documents shall be submitted, reviewed and 
approved before the final inspection of the work or equipment 



is completed; and such amendments when approved shall be 
deemed part of the original construction documents. The 
department may allow minor revisions of construction docu- 
ments to be made and submitted to the department after the 
completion of work but prior to sign-off of the work in accor- 
dance with department rules. 

§28-104.4 Place of filing. Except as otherwise provided by 
rule, applications for construction document approval shall be 
filed in the department office in the borough in which the work 
or equipment is located or at the discretion of the commissioner 
shall be submitted electronically. 

§28-104.5 Fees. Filing fees shall be paid as required by article 
112. 

§28-104.6 Applicant. The applicant for approval of construc- 
tion documents shall be the registered design professional who 
prepared or supervised the preparation of the construction doc- 
uments on behalf of the owner. 

Exception: The applicant may be other than a registered 
design professional for: 

1. Limited plumbing alterations, limited sprinkler alter- 
ations, and limited standpipe alterations, where the 
applicant is licensed to perform such work pursuant to 
this code; 

2. Demolition applications other than those specified in 
section 3306.5 of the New York city building code, 
where the applicant is the demolition contractor per- 
forming such demolition. In such cases, the commis- 
sioner may require structural plans designed by a 
registered design professional to address any critical 
structural, sequencing or 'site safety items; 

3. Elevator applications; 

4. Other categories of work consistent with rules pro- 
mulgated by the commissioner. 

§28-104.6.1 Verification of professional qualification 
required. The department shall not accept construction 
documents or other documents submitted in connection 
with applications for construction document approval or 
work permits under this code by any person representing 
that he or she is an architect or engineer without verifying, 
by means of lists compiled and made available by the New 
York state department of education pursuant to paragraph 
e-1 of subdivision four of section sixty-five hundred seven 
of the education law, that such person meets the qualifica- 
tions established by law to practice as an architect or engi- 
neer in New York state. 

§28-104.7 Submittal of construction documents. All con- 
struction documents submitted to the department shall contain 
such information and shall be in such form as shall be set forth 
in this section 28-104.7 and the rules of the department. Con- 
struction documents shall also conform to standards as may be 
prescribed in the applicable sections of the construction codes. 

§28-104.7.1 Scope. Construction documents shall be com- 
plete and of sufficient clarity to indicate the location and 
entire nature and extent of the work proposed, and shall 
show in detail that they conform to the provisions of this 
code and other applicable laws and rules; if there exist prac- 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



tical difficulties in the way of carrying out the strict letter of 
the code, laws or rules, the applicant shall set forth the 
nature of such difficulties. 

§28-104.7.2 Forms. The applicant shall submit construc- 
tion documents on or accompanied by forms provided by 
the department. 

§28-104.7.3 Media. Construction documents shall be 
printed upon suitable material, or presented as electronic 
media documents as determined by the commissioner. Plans 
shall be drawn to suitable scale. 

§28-104.7.4 Quantities. The applicant shall submit the 
number of copies of construction documents as the commis- 
sioner shall require. 

§28-104.7.5 Citations to code sections required. In no 

case shall terms such as "code compliant", "approved", 
"legal" or similar terms be used in the construction docu- 
ments as a substitute for specific reference to a particular 
code section, approval or standard in order to show compli- 
ance with code requirements or other applicable laws and 
rules. 

§28-104.7.6 City datum. All elevations noted in the con- 
struction documents shall be referred to and clearly identi- 
fied as the United States coast and geodetic survey mean sea 
level datum of 1929 (national geodetic vertical datum, 
"NGVD"), which is hereby established as the city datum. 
By way of examples, tables 104.7.6.1 through 104.7.6.5 
shall be used to convert borough elevations to their corre- 
sponding equivalent NGVD elevations. 

TABLE 104.7.6.1 



TABLE 104.7.6.5 



BRONX ELEVATIONS 


TO OBTAIN 
EQUIVALENCY: 


NGVD ELEVATIONS 


10.000 


-» add 2.608 -> 


12.608 


7.392 


-> add 2.608 -> 


10.000 



TABLE 104.7.6.2 



BROOKLYN 
ELEVATIONS 


TO OBTAIN 
EQUIVALENCY: 


NGVD ELEVATIONS 


10.000 


-> add 2.547 -> 


12.547 


7.453 


-> add 2.547 -> 


10.000 



TABLE 104.7.6.3 



MANHATTAN 
ELEVATIONS 


TO OBTAIN 
EQUIVALENCY: 


NGVD ELEVATIONS 


1 0.000 


-> add 2.752 -> 


12.752 


7.248 


-> add 2.752 -» 


10.000 



TABLE 104.7.6.4 



QUEENS ELEVATIONS 


TO OBTAIN 
EQUIVALENCY: 


NGVD ELEVATIONS 


10.000 


-> add 2.725 -> 


12.725 . 


7.275 


-> add 2.725 -> 


• 10.000 . 



+ STATEN ISLAND 
ELEVATIONS 


TO OBTAIN 
EQUIVALENCY: 


NGVD ELEVATIONS 


10.000 


-> add 3.192 — > 


13.192 


6.808 


-> add 3.192 -> 


10.000 



§28-104.7.7 Identification of special inspections. When- 
ever materials are subject to special inspection, as provided 
in this code, such materials shall be listed on the title sheet of 
the construction documents, or the sheet immediately fol- 
lowing, as subject to special inspection. 

§28-104.7.8 Identification of materials. Construction 
documents shall identify all materials proposed to be used, 
including identification of the test standard to which they 
conform, and where applicable, supporting information or 
test data from the manufacturer attesting to such confor- 
mance. 

§28-104.7.9 Energy conservation construction code. The 

application shall contain all information required to demon- 
strate compliance with the energy conservation construc- 
tion code of New York state. 

§28-104.7.10 Preparer. Each plan or drawing shall contain 
the license number, seal, signature (or equivalent as 
approved by the commissioner) and address of the regis- 
tered design professional who prepared or supervised the 
preparation of the plans. 

§28-104.7.11 Additional information. In addition to the 
data and information specified in this code and the rules of 
the department, the commissioner is authorized to require 
the submission of additional plans, surveys, computations, 
analyses, test reports, photographs, special inspection and 
such other data and information as may be necessary to 
determine compliance with this code and other applicable 
laws and rules. 

§28-104.7.12 Waiver of certain documents. The commis- 
sioner is authorized to waive the submission of any of the 
required construction documents and other data if review of 
such documents is not necessary to ascertain compliance 
with this code or not required for the phase of work for 
which a permit is sought. 

§28-104.8 Applications. All applications shall comply with 
sections 28-104.8.1 through 28-104.8.4. 

§28-104.8.1 Applicant statements. The application shall 
contain the following signed and sealed statements by the 
applicant: 

1 . A statement certifying that the applicant is authorized 
by the owner to make the application and certifying 
that, to the best of the applicant's knowledge and 
belief, the construction documents comply with the 
provisions of this code or the 1968 building code, if 
applicable, and other applicable laws and rules; if 
there exist practical difficulties in the way of carrying 
out the strict letter of the code, laws or rules, the appli- 
cant shall set forth the nature of such difficulties in 
such signed statement; and 



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ADMINISTRATION 



2. A statement certifying (i) that the site of the building 
to be altered or demolished, or the site of the new 
building to be constructed, contains no occupied 
housing accommodations subject to rent control or 
rent stabilization under chapters 3 and 4 of title 26 of 
the administrative code, or (ii) that the owner has noti- 
fied the New York state division of housing and com- 

. munity renewal of the owner's intention to file such 
plans and has complied with all requirements 
imposed by the regulations of such agency as precon- 
ditions for such filing; or (iii) that the owner has not 
notified such agency of the owner's intention to file 
because the nature and scope of the work proposed, 
pursuant to such regulations, does not require notifi- 
cation. 

3. A professional certification. 

4. A statement certifying compliance with the energy 
conservation construction code of New York state. 

§28-104.8.2 Owner statement. The application shall con- 
tain a signed statement by the owner, cooperative owners' 
corporation, or condominium owners' association stating 
that the applicant is authorized to make the application and, 
if applicable, acknowledging that construction documents 
will be accepted with less than full examination by the 
department based on the professional certification of the 
applicant. Such statement shall list the owner's full name 
and address, as well as the names of the principal officers, 
partners or other principals if a corporation, partnership or 
other entity. Principal officers of a corporation shall be 
deemed to include the president, vice presidents, secretary 
and treasurer. 

§28-104.8.3 Information of applicant, filing representa- 
tive, and owner. The application shall set forth the full 
names, addresses, telephone numbers, and where available, 
e-mail addresses of the following persons and where any of 
such persons are corporations, partnerships or other busi- 
ness entities, the names and addresses of the principal offi- 
cers, partners or other principals of such entity: 

1. The applicant; 

2. The filing representative; 

3. The owner, cooperative owners' corporation, or con- 
dominium owners' association; and 

4. Where a person other than the owner has engaged the 
applicant, such cooperative unit shareholder, condo- 
minium unit owner, lessee, or mortgagee. 

§28-104.8.4 Tenant protection plan. Construction docu- 
ments for alterations of buildings in which any dwelling unit 
will be occupied during construction shall include a tenant 
protection plan. Such plan shall contain a statement that the 
building contains dwelling units that will be occupied dur- 
ing construction and shall indicate in sufficient detail the 
specific units that are or may be occupied during construc- 
tion, the means and methods to be employed to safeguard 
the safety and health of the occupants, including, where 
applicable, details such as temporary fire-rated assemblies, 
opening protectees, or dust containment procedures. The 



elements of the tenant protection plan may vary depending 
on the nature and scope of the work but at a minimum shall 
make detailed and specific provisions for: 

1 . Egress. At all times in the course of construction pro- 
vision shall be made for adequate egress as required 
by this code and the tenant protection plan shall iden- 
tify the egress that will be provided. Required egress 
shall not be obstructed at any time except where 
approved by the commissioner. 

2. Fire safety. All necessary laws and controls, includ- 
ing those with respect to occupied dwellings, as well 
as additional safety measures necessitated by the con- 
struction shall be strictly observed. 

3. Health requirements. Specification of methods to 
be used for control of dust, disposal of construction 
debris, pest control and maintenance of sanitary facil- 
ities, and limitation of noise to acceptable levels shall 
be included. 

3.1. There shall be included a statement of compli- 
ance with applicable provisions of law relat- 
ing to lead and asbestos. 

4. Compliance with housing standards. The require- 
ments of the New York city housing maintenance 
code, and, where applicable, the New York state mul- 
tiple dwelling law shall be strictly observed. 

5. Structural safety. No structural work shall be done 
that may endanger the occupants. 

6. Noise restrictions. Where hours of the day or the 
days of the week in which construction work may be 
undertaken are limited pursuant to the New York city 
noise control code, such limitations shall be stated. 



ARTICLE 105 
PERMITS 

§28-105.1 General. It shall be unlawful to construct, enlarge, 
alter, repair, move, demolish, remove or change the use or 
occupancy of any building or structure in the city, or to erect, 
install, alter, repair, or use or operate any sign or service equip- 
ment in or in connection therewith, or to erect, install, alter, 
repair, remove, convert or replace any gas, mechanical, plumb- 
ing or fire suppression system in or in connection therewith or 
to cause any such work to be done unless and until a written 
permit therefore shall have been issued by the commissioner in 
accordance with the requirements of this code, subject to such 
exceptions and exemptions as may be provided in section 
28-105.4. 

§28-105.1.1 Notification to fire department. The com- 
missioner, in consultation with the fire commissioner, shall 
establish a procedure for notifying the fire department of the 
issuance of any permit that will result in the issuance of a 
new or amended certificate of occupancy or other change in 
the use or occupancy of the premises. In no instance shall 
the required notice be given to the fire department more than 
one business day after the date of the issuance of the permit. 



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ADMINISTRATION 



§28-105.2 Classification of work permits. For the purposes 
of this code, work permits shall be classified as follows: 

1. New building permits: for the construction of new 
buildings. 

2. Alteration permits: for the alteration of buildings or 
structures, including partial demolition in conjunction 
therewith. 

3. Foundation and earthwork permits: for the con- 
struction or alteration of foundations, including earth- 
work, excavation, and fill. 

4. Full demolition permits: for the full demolition of 
buildings or structures. 

5. Plumbing permits: for the installation or alteration of 
plumbing and plumbing systems, including gas piping. 
Such permits shall include permits for limited plumb- 
ing alterations. 

6. Sign permits: for the erection or alteration of signs and 
sign structures. 

7. Service equipment permits: for the installation or 
alteration of service equipment, including but not lim- 
ited to air conditioning and ventilating systems, boilers, 
elevators, escalators, moving walkways and dumb- 
waiters. 

8. Temporary construction equipment permits: for the 

erection, installation and use of temporary structures to 
facilitate construction and/or for public or worker 
safety during construction, including but not limited to 
temporary fences, railings, catch platforms, 
over-the-sidewalk chutes, footbridges, sidewalk sheds, 
and scaffolds. 

9. Fire suppression system permits: for the installation 
and alteration of fire suppression systems, including 
but not limited to sprinkler systems, standpipe systems, 
and non- water systems. Such permits shall include per- 
mits for limited sprinkler alterations and limited 
standpipe alterations. 

10. Crane and derrick permits: for the use of power 
operated cranes and derricks during construction. 

§28-105.3 Separate permits required. Separate work permits 
shall be required, as provided above, except that separate per- 
mits for foundations and earthwork, or for the installation or 
alteration of air conditioning systems, ventilation systems, and 
heating systems shall not be required whenever such work is 
included in and forms a part of the construction documents 
filed for the construction of a new building or the alteration of a 
building or structure. 

§28-105.4 Work exempt from permit. Exemptions from per- 
mit requirements of this code shall not be deemed to grant 
authorization for any work to be done in any manner in viola- 
tion of the provisions of this code, the zoning resolution or any 
other law or rules enforced by the department. Such exemp- 
tions shall not relieve any owner of the obligation to comply 
with the requirements of or file with other city agencies. Unless 



otherwise indicated, permits shall not be required for the fol- 
lowing: 

1. Emergency work, as set forth in section 28-105.4. 1. 

2. Minor alterations and ordinary repairs, as described in 
section 28-105.4.2. 

3. Certain work performed by a public utility company or 
public utility corporation, as set forth in section 
28-105.4.3. 

4. Ordinary plumbing work, as set forth in section 
28-105.4.4. 

5. Permits for the installation of certain signs, as set forth in 
section 28-105.4.5. 

6. Other categories of work as described in department 
rules, consistent with public safety. 

§28-105.4.1 Emergency work. Work that would otherwise 
require a permit may be performed without a permit to the 
extent necessary to relieve an emergency condition. An 
application for a permit shall be submitted within 2 business 
days after the commencement of the emergency work and 
shall include written description of the emergency condition 
and the measures undertaken to mitigate the hazard. Emer- 
gency work may include but shall not. be limited to: 

1. Erection of sidewalk sheds, fences, or other similar 
structures to protect the public from an unsafe condi- 
tion. 

2. Stabilization of unsafe structural conditions. 

3. Repair of gas leaks. 

4. Repair or replacement of heating or hot water equip- 
ment servicing residential occupancies during the 
heating season as established by the New York city 
housing maintenance code. 

5. Replacement of parts required for the operation of a 
combined standpipe or sprinkler system. 

§28-105.4.2 Minor alterations and ordinary repairs. A 

permit shall not be required for minor alterations and ordi- 
nary repairs. 

§28-105.4.2.1 Definitions. The following words and 
terms shall, for the purposes of this section 28-105.4.2 
and as used elsewhere in this code, have the meanings 
shown herein. 

MINOR ALTERATIONS. Minor changes or modifica- 
tions in a building or any part thereof, excluding addi- 
tions thereto, that do not in any way affect health or the 
fire or structural safety of the building or the safe use and 
operation of the service equipment therein. Minor alter- 
ations shall not include any of the work described as 
"work not constituting minor alterations or ordinary 
repairs." 

ORDINARY REPAIRS. Replacements or renewals of 
existing work in a building, or of parts of the service 
equipment therein, with the same or equivalent materials 
or equipment parts, that are made in the ordinary course 
of maintenance and that do not in any way affect health or 



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the fire or structural safety of the building or the safe use 
and operation of the service equipment therein. Ordinary 
repairs shall include the repair or replacement of any 
plumbing fixture, piping or faucets from any exposed 
stop valve to the inlet side of a trap. Ordinary repairs shall 
not include any of the work described as "work not con- 
stituting minor alterations or ordinary repairs." 

WORK NOT CONSTITUTING MINOR ALTER- 
ATIONS OR ORDINARY REPAIRS. Minor alter 
ations or ordinary repairs shall not include: 

1. The cutting away of any load bearing or required 
fire rated wall, floor, or roof construction, or any 
portion thereof. 

2. The removal, cutting, or modification of any 
beams or structural supports; 

3. The removal, change, or closing of any required 
exit; 

4. The addition, rearrangement, relocation, removal 
or replacement of any parts of the building affect- 
ing loading or exit requirements, or light, heat, 
ventilation, or elevator requirements or accessibil- 
ity requirements or any fire suppression system; 

5. Additions to, alterations of, or rearrangement, 
relocation, replacement, repair or removal of any 
portion of a standpipe or sprinkler system, water 
distribution system, house sewer, private sewer, or 
drainage system, including leaders, or any soil, 
waste or vent pipe, or any gas distribution system; 

6. Any plumbing work other than the repair or 
replacement of plumbing fixtures, piping or fau- 
cets from the exposed stop valve to the inlet side of 
a trap; 

7. The alteration or repair of a sign for which a permit 
is required; or 

8. Any other work affecting health or the fire or struc- 
tural safety of the building or the safe use and oper- 
ation of the service equipment therein. 

§28-105.4.3 Public utility company or public utility cor- 
poration. A permit shall not be required for: 

1. The installation or alteration of gas service piping or 
gas meter piping including meters, valves, regulators, 
and related equipment, when such work is to be per- 
formed and serviced and maintained by utility corpo- 
rations subject to the jurisdiction of the New York 
state public service commission; 

2. The emergency repair of gas distribution piping when 
such work is performed by licensed master plumbers 
or by utility corporations subject to the jurisdiction of 
the New York state public service commission, in 
order to alleviate hazardous conditions, provided that 
a written report describing the details of such repairs 
shall be filed with the commissioner upon completion 
of the work. 

§28-105.4.4 Ordinary plumbing work. The following 
ordinary plumbing work may be performed without a per- 



mit, provided that the licensed plumber performing such 
work: (i) provides a monthly report listing completed work 
and work in progress during the preceding month, including 
the block, lot and address of each job, a description of the 
work performed or in progress at each address, and the loca- 
tion in each building where the work was performed or is in 
progress; (ii) pays the fees for such work in accordance with 
this code; and (iii) submits to the department a certification 
that the work was performed in accordance with this code 
and all applicable laws and rules. Ordinary plumbing work 
shall include: 

1 . The removal of a domestic plumbing system not con- 
nected to a fire suppression system, or the removal of 
a portion of such system. 

2. The relocation of up to two plumbing fixtures within 
the same room to a maximum of 10 feet (3048 mm) 
distant from the original location, except in health 
care facilities. 

3. The installation, replacement or repair of a food waste 
grinder (food waste disposal) or back flow preventer 
and the replacement or repair of a sump pump. 

4. The replacement of closet bends. 

5. In buildings in occupancy group R2 occupied by 
fewer than six families or in buildings in occupancy 
group R3, the replacement of a gas water heater or a 
gas fired boiler with a capacity of 350,000 BTU or 
less where the existing appliance gas cock is not 
moved, provided that the plumber has inspected the 
chimney and found it to be in good operational condi- 
tion. 

6. The repair or replacement of any non-gas, non-fire 
suppression piping not longer than 10 feet (3048 mm) 
inside a building, or connected piping previously 
repaired or replaced under this provision, 

7. The repair or replacement of non-fire suppression 
branch piping after the riser shutoff valve, including 
the replacement of fixtures, limited to two bathrooms 
and one kitchen per building per monthly reporting 
period. 

§28-105.4.5 Sign permits. A sign permit shall not be 
required where the sign is: 

1. Painted directly on the exterior wall surface of a 
building or on the surface of a fence; 

2. A wall sign of not more than six square feet (0.56 m 2 ) 
in area; 

3. Erected by employees of acity agency, including traf- 
fic and other similar signs; 

4. A ground sign advertising the sale or rental of the pre- 
mises on which it is erected, provided the sign does 
not exceed 12 square feet (1.1 m 2 ) in area; 

5. Temporary and erected during construction work and 
related thereto; or 

6. Temporary for special decorative display use for holi- 
days, public demonstrations, or the promotion of 
civic, welfare or charitable purposes, except that 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



signs that utilize streets or cross streets shall be sub- 
ject to the requirements of the department of transpor- 
tation. 

7. Temporary signs announcing the sale or rental of real 
property. 

§28-105.5 Application for permit. All applications for per- 
mits shall be submitted on forms furnished by the department. 
Applications shall include all information required by this 
code, other applicable law or the rules of the department. The 
applicant shall list any portions of the design that have been 
approved for deferred submittal in accordance with section 
28-104.2.6. The application shall set forth an inspection pro- 
gram for the job. An application for a permit shall be submitted 
no later than 12 months after the approval of all required con- 
struction documents (other than those documents approved for 
deferred submittal). 

§28-105.6 Fees. Applications for permits shall be accompa- 
nied by the payment of appropriate fees as provided for in arti- 
cle 112. 

§28-105.7 Time limitation of applications. An application 
for a permit shall be deemed to have been abandoned 12 
months after the date of its submission, unless such application 
has been diligently prosecuted after rejection in whole or in 
part, or a permit shall have been issued except that the commis- 
sioner may, for reasonable cause, and upon payment of all rein- 
statement fees as provided for in this code, grant extensions of 
time for additional 12-month periods. 

§28-105.8 Validity of permit. The issuance or granting of a 
permit shall not be construed to be a permit for, or an approval 
of, any violation of any of the provisions of this code or of any 
other law or rule. Permits presuming to give authority to violate 
or cancel the provisions of this code or other law or rule shall 
not be valid. The issuance of a permit based on construction 
documents and other data shall not prevent the commissioner 
from requiring the correction of errors in the construction doc- 
uments and other data. The commissioner is authorized to pre- 
vent any occupancy, use or work in violation of this code, the 
zoning resolution or other law or rule enforced by the depart- 
ment. 

§28-105.8.1 Duration of permit. Permits may be issued for 
a period of up to two years unless otherwise limited by law. 

§28-105.8.2 Signature of commissioner on permit. Every 
permit issued by the commissioner shall have his or her sig- 
nature affixed thereto; but the commissioner may authorize 
any subordinate to affix such signature, including by the use 
of electronic means. 

§28-105.9 Expiration. AH permits issued by the commis- 
sioner shall expire by limitation and become invalid if the per- 
mitted work or use is not commenced within 12 months from 
the date of issuance of the permit or, if commenced, is sus- 
pended or abandoned for a period of 12 months thereafter. All 
permits for work in an area of special flood hazard pursuant to 
Appendix G of the New York city building code shall expire if 
the actual start of permanent construction has not occurred 
within .1 80 days from the date on which such permit is issued. 
The commissioner may, however, upon good cause shown, 
reinstate a work permit at any time within a period of two years 



from the date of issuance of the original permit, provided that 
the work shall comply with all the requirements of this code 
and other applicable laws and rules in effect at the time applica- 
tion for reinstatement is made, and provided further that the 
applicant shall pay all reinstatement fees as required by article 
1 12. The permit shall automatically expire upon the expiration 
of required insurance or if the applicant holds a license issued 
by the department upon the expiration or revocation of such 
license during the term of the permit. 

§28-105.10 Suspension or revocation of permit. The com- 
missioner is authorized to suspend or revoke a permit issued 
under the provisions of this code. 

§28-105.10.1 Notice of proposed revocation. The com- 
missioner may, on written notice to the permit holder, 
revoke any permit for failure to comply with the provisions 
of this code or other applicable laws or rules; or whenever 
there has been any false statement or any misrepresentation 
as to a material fact in the application or submittal docu- 
ments upon the basis of which such approval was issued; or 
whenever a permit has been issued in error and conditions 
are such that the permit should not have been issued. Such 
notice shall inform the permit holder of the reasons for the 
proposed revocation and that the applicant has the right to 
present to the commissioner or his or her representative 
within 10 business days of delivery of the notice by hand or 
15 calendar days of the posting of notice by mail, informa- 
tion as to why the permit should not be revoked. 

§28-105.10.2 Immediate suspension in cases of immi- 
nent peril. The commissioner may immediately suspend 
any permit without prior notice to the permit holder when 
the commissioner has determined that an imminent peril to 
life or property exists. The commissioner shall forthwith 
notify the permit holder that the permit has been suspended 
and the reasons therefore, that it is proposed to be revoked, 
and that the permit holder has the right to present to the com- 
missioner or his or her representative within 1.0 business 
days of delivery of the notice by hand or 15 calendar days of 
the posting of notice by mail information as to why the per- 
mit should not be revoked. 

§28-105.11 Posting of permit. The building permit or copy 
shall be posted in a conspicuous place at the work site, visible 
to the public for the duration of the work or the use and opera- 
tion of the equipment, or until the expiration of the permit. No 
such permit shall be posted or displayed at any location other 
than the location of the premises or equipment for which the 
permit was issued. 

§28-105.12 Conditions of permit. Permits shall be subject to 
the following conditions: 

§28-105.12.1 Compliance with code. Permits shall be 
deemed to incorporate the provisions that the applicant, the 
owner, their agents, employees, and contractors shall carry 
out the permitted work in accordance with the provisions of 
this code and other applicable laws or rules, whether speci- 
fied or not, except as variations have been legally permitted 
or authorized. 

§28-105.12.2 Compliance with construction documents. 

All work shall conform to the approved construction docu- 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ADMINISTRATION 



merits, and any approved amendments thereto. Changes and 
revisions during the course of construction shall conform to 
the amendment requirements of this code. 

§28-105.12.3 Adherence to lot diagram. All work shall be 
strictly located in accordance with the lot diagram approved 
in accordance with this code and no lot or plot shall be 
changed, increased or diminished in area from that shown 
on the approved lot diagram, unless and until a revised dia- 
gram showing such changes, accompanied by the necessary 
statement of the owner or applicant, shall have been submit- 
ted to and approved by the commissioner. 

§28-105.12.4 Compliance with safety requirements. All 

work shall be conducted in accordance with and subject to 
the safety requirements of this code and other applicable 
laws or rules, including any order or requirement of the 
commissioner that the building or structure under construc- 
tion or alteration be vacated, in whole or in part, during the 
progress of the work and until the issuance of a certificate of 
occupancy. Adjoining lots and properties shall be protected 
in accordance with this code. 

§28-105.12.5 Compliance with noise control code 
required. All work shall be performed in compliance with 
the provisions of the New York city noise control code as set 
forth in chapter 2 of title 24 of the administrative code. Fail- 
ure to comply with sections 24-222 and 24-223 of the 
administrative code shall be a violation of this code. 

§28-105.12.6 Deferred submittals. Where permits are 
issued subject to deferred submittal of portions of the design 
as provided for in section 28- 104.2.6, the deferred submittal 
items shall not be installed until the construction and 
submittal documents for such portions have been approved 
by the department and, where applicable, new or amended 
permits have been issued. 

§28-105.12.7 Insurance. Where workers compensation, 
employee disability or liability insurance is required by law 
or department rule, the applicant for the work permit shall 
obtain and include proof of such insurance with the work 
permit application. The permit shall expire by operation of 
law if the insurance upon which the permit was conditioned 
lapses, expires or is cancelled, unless the permit holder files 
proof of alternate insurance before such event. 

§28-105.12.7.1 Insurance coverage for adjacent 
properties. A person who obtains a permit for construc- 
tion or demolition operations shall, at such person's own 
expense, procure and maintain for the duration of the 
operations, insurance of a kind and in an amount speci- 
fied by rule of the department, to insure any and all adja- 
cent property owners and their lawful occupants fully for 
all risks of loss, damage to property or injury to or death 
of persons, arising out of or in connection with the per- 
formance of the proposed work. Such person shall sub- 
mit proof of insurance to the department when applying 
for a permit for construction or demolition work. 

§28-105.12.8 Site safety plan. Where required by this code 
or by the department, applications shall include a site safety 
plan approved in accordance with the New York city build- 
ing code. All work shall adhere to the site safety plan. 



ARTICLE 106 
ASBESTOS INVESTIGATION 

§28-106.1 Asbestos investigation. In addition to the require- 
ments otherwise prescribed, all applications for construction 
document approval for work on buildings constructed on or 
before April 1, 1987 shall include asbestos certifications, 
reports or removal plans as may be required by this article. 

Exception: Types of activities exempted pursuant to rules 
of the commissioner of environmental protection. 

§28-106.2 Demolition and alteration of buildings con- 
structed on or before April 1, 1987. The commissioner shall 
not approve or accept an application for construction document 
approval for the demolition or alteration of a building con- 
structed on or before April 1, 1987, unless the applicant sub- 
mits (i) a certification from an asbestos investigator that the 
work to be performed will not constitute an asbestos project, 
(ii) an asbestos inspection report completed in accordance with 
the provisions of section 24-146.1 of the administrative code, 
or (iii) proof that an asbestos removal plan has been approved 
by the commissioner of the New York city department of envi- 
ronmental protection in accordance with section 24-146.1 of 
the administrative code. 

§28-106.3 Asbestos project. The commissioner shall not 
approve construction documents for work that constitutes an 
asbestos project and for which an asbestos inspection report is 
required unless the applicant at the time of application and 
prior to approval of the construction documents certifies on 
forms prescribed by the commissioner of environmental pro- 
tection that the applicant is familiar with federal, state and local 
laws and regulations applicable to asbestos related work. 

§28-106.4 Definitions. For the purposes of this article, the 
terms "asbestos," "asbestos inspection report," "asbestos 
investigator" "asbestos project" and "asbestos removal plan" 
shall have the meanings as are ascribed in section 24-146.1 of 
the administrative code. 



ARTICLE 107 

ALTERATION OR DEMOLITION OF SINGLE ROOM 

OCCUPANCY MULTIPLE DWELLINGS 

§28-107.1 General. The commissioner shall not approve con- 
struction documents for the alteration or demolition of a single 
room occupancy multiple dwelling except as set forth in this 
article. 

§28-107.2 Definitions. The following words and terms shall, 
for the purposes of this article and elsewhere in the code, have 
the meanings shown herein. 

CLASS A MULTIPLE DWELLING, CLASS B MULTI- 
PLE DWELLING, FURNISHED ROOM HOUSE, 
ROOMING UNIT AND SINGLE ROOM OCCUPANCY. 

Shall have the meanings set forth in section 27-2004 of the New 
York city housing maintenance code. 

SINGLE ROOM OCCUPANCY MULTIPLE DWELL- 
ING. A single room occupancy multiple dwelling means: 

1. A "class A multiple dwelling" used in whole or part as a 
"rooming house" or "furnished room house/' or for "sin- 



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ADMINISTRATION 



gle room occupancy" pursuant to section 248 of the New 
York state multiple dwelling law; 

2. A "class A multiple dwelling" containing "rooming 
units"; or 

3. A "'class B multiple dwelling." 

Exception: The term single room occupancy multi- 
pie dwelling shall not include: 

1 . College or school dormitories; 

2. Clubhouses; 

3. Luxury hotels, as such term is defined by the 
commissioner of housing preservation and 
development; or 

4. Residences whose occupancy is restricted to an 
institutional use such as housing intended for 
use by the employees of a single company or 
institution; 

5. City-owned multiple dwellings; or 

6. Any multiple dwelling containing fewer than 
nine "class B" dwelling units; used for single 
room occupancy unless the total number of 
such units is more than fifty percent of the total 
number of dwelling units in such multiple 
dwelling; or 

7. Any multiple dwelling that: 

7.1. Is the subject of a program approved by 
the commissioner of housing preserva- 
tion and development and related to the 
rehabilitation of a single room occu- 
pancy multiple dwelling or the provi- 
sion of housing for persons of low or 
moderate income, other than a program 
consisting solely of real property tax 
abatement or tax exemption; and 

7.2. Has been exempted from the provisions 
of this article by the commissioner of 
housing preservation and development. 

§28-107.3 Covered categories of work. Applications for the 
approval of construction documents for the following catego- 
ries of work are covered by this article: 

1. Demolition of a single room occupancy multiple dwell- 
ing; 

2. Alteration of a single room occupancy multiple dwelling 
to a class A multiple dwelling to be used in whole or in 
part for other than single room occupancy purposes; 

3. Alteration of a single room occupancy multiple dwelling 
resulting in the removal or addition of kitchen or bath- 
room facilities; and 

4. Such other types of alteration work to a single room 
occupancy multiple dwelling as shall be prescribed by 



rule of the commissioner of housing preservation and 
development, in consultation with the commissioner. 

Exceptions: 

1. Work solely for the purpose of either (i) making the 
public areas of a multiple dwelling accessible to per- 
sons with disabilities without altering the configura- 
tion of any dwelling unit or rooming unit or (ii) 
making a dwelling unit or a rooming unit accessible to 
persons with disabilities shall not be covered by this 
article. 

2. Repairs, demolition or any other work performed by a 
city agency or by a contractor pursuant to a contract 
with a city agency shall not be covered by this article. 

§28-107.4 Required submittal documents. The commis- 
sioner shall not approve any construction documents for a sin- 
gle room occupancy multiple dwelling for the covered 
categories of work unless the applicant provides: 

1 . A sworn affidavit by or on behalf of all the owners, as 
such term is defined in section 27-2004 of the New York 
city housing maintenance code, of such multiple dwell- 
ing that there will be no harassment of the lawful occu- 
pants of such multiple dwelling by or on behalf of such 
owners during the construction period; 

2. A tenant protection plan as provided for in this code; and 

3. One of the following documents from the commissioner 
of housing preservation and development: 

3.1. A certification that there has been no harassment 
of the lawful occupants of such multiple dwelling 
within the 36 month period prior to submission of 
an application for such certification to the depart- 
ment of housing preservation and development, 
provided, however, that such certification shall 
except any portion of such 36 month period dur- 
ing which title was vested in the city; or 

3.2. A waiver of such certification. 

§28-107.5 Filing process. After submitting an application for 
construction document approval to the commissioner and 
obtaining the identifying job number for the same, the appli- 
cant shall forward a copy of such application to the commis- 
sioner of housing preservation and development, together with 
an application for a certification of no harassment pursuant to 
section 27-2093 of the housing maintenance code. 

§28-107.6 Time period for acceptance or rejection. The time 
period in which the commissioner is required to approve or 
reject an application for construction document approval or 
resubmission thereof pursuant to this code shall commence 
from the date that the commissioner receives either the certifi- 
cation or waiver pursuant to this article. 

§28-107.7 Denial of certification. Where the commissioner of 
housing preservation and development denies the certification 
required by this article, the commissioner shall reject the appli- 
cation for construction document approval. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ADMINISTRATION 



§28-107.8 Request for stop-work or rescission. The commis- 
sioner shall be empowered to issue a stop- work notice or order 
with respect to an alteration or demolition permit and/or to 
rescind approval of construction documents at the request of 
the commissioner of housing preservation and development 
pursuant to section 27-2093 of the New York city housing 
maintenance code. 

§28-107.9 Effect of denial or rescission. Where the commis- 
sioner rejects or rescinds the approval of construction docu- 
ments pursuant to this article, no further application for the 
covered categories of work shall be considered by the commis- 
sioner for a period of 36 months following the date of the denial 
of the certification of no harassment by the commissioner of 
housing preservation and development or the date of the rescis- 
sion of such certification of no harassment by such commis- 
sioner. 



ARTICLE 108 
PAVEMENT PLAN 

§28-108.1 General. The commissioner shall not issue a permit 
for the erection of a new building or for alterations that will 
require the issuance of a new or amended certificate of occu- 
pancy without a statement that no certificate of occupancy shall 
be issued unless the sidewalk in front of or abutting such build- 
ing, including but not limited to the intersection quadrants for 
corner properties, shall have been paved or repaired by the 
owner, at his or her own cost, in the manner, of the materials, 
and in accordance with the standard specifications prescribed 
by the New York city department of transportation pursuant to 
sections 19-113 and 1.9-115 of the administrative code. 

Exceptions: 

1. Application for the erection of an accessory building 
appurtenant to an existing one- or two-family dwell- 
ing. 

2. Where the commissioner determines that a sidewalk 
is not required, provided that such determination shall 
not affect the obligations of the owner under subdivi- 
sion a of section 19-152 of the administrative code, 
nor relieve the owner of any such obligations, nor 
impair or diminish the rights of the city or its agencies 
to enforce such obligations. 

3. Where the extent of the change in use or occupancy or 
the cost of the alteration does not exceed a threshold 
established pursuant to rule of the commissioner. 

§28-108.2 Pavement plan required. Construction documents 
shall include a pavement plan processed and approved under 
guidelines established by the department. The pavement plan 
shall include documentation sufficient to show compliance 
with the standards and specifications of the New York city 
department of transportation pursuant to sections 19-113 and 
19-115 of the administrative code. 

Exception: No pavement plan shall be required with 
respect to an alteration application for a building where the 
applicant certifies that there is a sidewalk in existence in 
front of or abutting such building, including but not limited 
to the intersection quadrants for corner properties, comply- 



ing with the specifications of the New York city department 
of transportation, and that the nature of such alteration work 
will neither remove such existing sidewalk nor cause dam- 
age to such existing sidewalk such that the damage could not 
be corrected as minor repairs prior to issuance of the certifi- 
cate of occupancy. 

§28-108.3 Improvement of streets. The commissioner shall 
insure that streets are suitably improved in accordance with the 
standards and specifications of the department of transporta- 
tion as required by subdivision two of section thirty-six of the 
general city law and shall otherwise carry out the provisions of 
such subdivision. 



ARTICLE 109 
FIRE PROTECTION PLAN 

§28-109.1 Fire protection plan required for covered build- 
ings. New building and alteration applications for covered 
buildings as set forth in section 28-109.2 shall include a fire 
protection plan prepared by or under the supervision of a regis- 
tered design professional who shall professionally certify such 
plan. Such plan shall be approved by the department and the 
fire department prior to issuance of a certificate of occupancy, a 
temporary certificate of occupancy or a letter of completion, as 
applicable. 

Exception: No fire protection plan shall be required for an 
alteration that meets all three of the following requirements: 

1. The alteration does not involve a change of use or 
occupancy; 

2. The alteration does not exceed one million dollars; 
and 

3. The alteration does not create an inconsistency with a 
previously approved fire protection plan. 

§28-109.2 Covered buildings. Covered buildings include: 

1. High-rise buildings as described in section 403 of the 
New York city building code. 

2. Occupancy groups B, E, F, H, M, or S occupying two or 
more stories with over 20,000 gross square feet (1858 
m 2 ) of floor area per floor, or occupying two or more sto- 
ries in a building with a total floor area exceeding 50,000 
gross square feet (4645 m 2 ). 

3. Any building containing an assembly occupancy having 
an occupant load of 300 or more persons. 

4. Occupancy group I or R- 1 occupying two or more stories 
and containing sleeping accommodations for 30 or more 
persons. 

5. Occupancy group R-2 occupancies containing 30 or 
more dwelling units in a building where over 10,000 
gross square feet (929 m 2 ) of floor area is occupied by 
occupancy group A, E, M, or I. 

§28-109.3 Scope. The plan shall include the following infor- 
mation, where applicable: 

1. A description of the building including: address; block 
and lot numbers; number of stories; height in feet; occu- 



A-18 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



pancy group; construction classification; occupancy 
load and department of buildings job number; 

2. All floors, exits, doors, corridors, and partitions serving 
as fire barriers, fire partitions, fire walls; locations and 
ratings of required enclosures and fire areas; stairs with 
pressurization; roof access; exit discharges; and loca- 
tions of any required frontage space; and 

3. In narrative form, a description of safety systems and 
features, including: 

3.1. Communications systems. 

3.2. Alarm systems. 

3.3. Smoke and carbon monoxide detection equip- 
ment. 

3.4. Location of fire command station. 

3.5. Elevator recall. 

3.6. Emergency lighting and power. 

3.7. Standpipes. 

3.8. Sprinklers. 

3.9. Emergency power systems. 

3.10. Mechanical ventilation and air conditioning. 

3.1 1. Smoke control systems and equipment. 

3.12. Furnishings types and materials. 

3.13. Places of assembly. 

3.14. Fire department access. 

3.15. Photoluminescent pathway markings. 

3.16. Other safety related systems, required and vol- 
untary, to be installed. 



ARTICLE 110 
SITE SAFETY PLAN 

§28-110.1 Site safety plan. Where a site safety plan is required 
by chapter 33 of the New York city building code, such plan 
shall include the following: 

1 . Location of all construction fences around work site; 

2. Location of all gates in construction fences; 

3. Location of standard guardrails around excavations, 
when required; 

4. Horizontal and vertical netting program, including 
details of the initial installation, schedule of horizontal 
jumps and vertical installations, and designated crane 
and derrick lifting areas where horizontal netting is 
omitted. The program shall include as an attachment 
any department approval obtained regarding required 
safety netting during construction or demolition opera- 
tions; the revised site safety plan shall be approved; 

5. Location of all sidewalk sheds, including appropriate 
department application numbers and department of 
transportation permit numbers and expiration dates; 



6. Location of all temporary walkways, including appro- 
priate department application numbers and department 
of transportation permit numbers and expiration dates; 

7. Location of foot bridges and motor vehicle ramps, 
including appropriate department application numbers 
and department of transportation permit numbers and 
expiration dates; 

8. Protection of side of excavation, when required, 
including appropriate department application numbers 
and department of transportation permit numbers and 
expiration dates; 

9. Location of all street and sidewalk closing(s), includ- 
ing appropriate department application numbers and 
department of transportation permit numbers and expi- 
ration dates; 

10. Approximate location of material and personnel 
hoist(s) and loading areas, including appropriate 
department application numbers and department of 
transportation permit numbers and expiration dates; 

1 1. Approximate location of all crane and derrick loading 
areas; 

1 2. Location of all surrounding buildings, indicating occu- 
pancy, height and type of any required roof protection; 

13. Location of all standpipe system and Siamese hose con- 
nections; 

14. Location of all temporary elevators for fire department 
use when building is above 75 feet (22 860 mm) in 
height; 

15. Location of all exterior contractors' sheds; 

16. All required safety netting and scaffolding; 

17. Widths of all sidewalks and roadways; all traffic infor- 
mation; all exits from job site; 

18. A copy of the proposed site safety manager or site 
safety coordinator's certificate, as applicable, includ- 
ing the certificate for any alternate site safety manager 
or site safety coordinator; and 

19. Such features requiring special sequencing in order to 
maintain safe conditions with a written description of 
those sequences. 

§28-110.2 Phased site safety plans. Multiple layouts of the 
site safety features enumerated in section 28-1 1.0. 1 may be sub- 
mitted at any time during construction operations to show 
phased site safety designs consistent with the phase of antici- 
pated work. 



ARTICLE 111 
TEMPORARY STRUCTURES AND USES 

§28-111.1 General. The commissioner is authorized to issue a 
permit for temporary structures and temporary uses. Such per- 
mits shall be limited as to time of service or use, but shall not be 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-19 



ADMINISTRATION 



permitted for more than 30 days. The commissioner may grant 
extensions for demonstrated cause. 

Exception: No permit shall be required for: 

1. The erection and use of temporary tents of less than 
400 gross square feet (37 m 2 ) for not more than 30 
days. 

2. The erection and use of temporary platforms, review- 
ing stands, outdoor bandstands and similar miscella- 
neous structures that cover an area less than 120 
square feet (1 1.16 m 2 ), including connecting areas or 
spaces with a common means of egress or entrance, 
for not more than 30 days. 

§28-111.2 Conformance. Temporary structures and uses shall 
conform to the structural strength, fire safety, means of egress, 
accessibility, light, ventilation and sanitary requirements of 
this code as necessary to ensure the public health, safety and 
general welfare. 

§28-111.3 Termination of approval. The commissioner is 
authorized to terminate such permit for a temporary structure 
or use and to order the temporary structure or use to be discon- 
tinued. 

§28-111.4 Application processing. Application for such 
structures and uses shall be submitted to the department no 
later than 15 business days prior to the construction of the tem- 
porary structure or the commencement of the temporary use. 

§28-11 1.5 Fees. Applications for such permits shall be accom- 
panied by the applicable fees in accordance with article 112. 
Fees for subsequent requests for renewals shall be paid upon 
approval of such requests. 



ARTICLE 112 
FEES 

§28-112.1 Payment of fees. A permit, inspection, or other ser- 
vice or privilege as regulated in this code shall not be valid until 
the fees prescribed herein or in rules have been paid, nor shall a 
renewal of a permit or other service or privilege or an amend- 
ment to a permit be released until the fee has been paid. In addi- 
tion, an approval required to be reissued due to a change in 
product name, company name and/or address, contact informa- 
tion or principals, shall not be reissued until a reissuance fee, if 
any, has been paid. The department shall adopt such rules and 
shall prescribe such forms as may be necessary to carry out the 
provisions of this article. 

Exceptions: 

1. A permit, inspection or other service or privilege as 
regulated in this code shall not be subject to this provi- 
sion if the owner of the building or property affected 
is a corporation or association organized and operated 
exclusively for religious, charitable or educational 
purposes, or for one or more such purposes, no part of 
the earnings of which inures to the benefit of any pri- 
vate shareholder or individual, and provided that the 
property affected is to be used exclusively by such 
corporation or association for one or more of such 
purposes. 



2. A permit, inspection or other service or privilege as 
regulated in this code shall not be subject to this provi- 
sion if the work proposed is emergency work per- 
formed by a city agency or by a contractor pursuant to 
a contract with a city agency. 

§28-112.2 Schedule of permit fees. Permits for new buildings, 
structures, mechanical, and plumbing systems or alterations 
requiring a permit shall be accompanied by a fee for each per- 
mit in accordance with the fee schedule of Table 28-112.2. 
Fifty percent of the total fee for the work permit, but not less 
than one hundred dollars, or the total fee for the work permit 
where such fee is less than one hundred dollars, shall be paid 
and shall accompany the first application for the approval of 
construction documents; and the whole or remainder of the 
total fee shall be paid before the work permit may be issued. 
The commissioner may require reasonable substantiation of 
any statement or other form that may be required by the depart- 
ment. 

§28-112.3 Building permit valuations. Where applicable, the 
applicant for a permit shall provide an estimated job construc- 
tion cost at time of application. Cost estimates shall include 
total value of work, including materials and labor, for which the 
permit is being issued, such as installation or alteration of 
building, gas, mechanical, plumbing equipment and perma- 
nent systems. If, in the opinion of the department, the valuation 
is underestimated on the application, the permit shall be 
denied, unless the applicant can show detailed estimates to 
meet the approval of the department. Final building permit val- 
uation shall be set by the department. 

§28-112.4 Work commencing before permit issuance. Any 

person who commences any work before obtaining the neces- 
sary permits shall be subject to a penalty as specified in this 
code that shall be in addition to the required permit fees. 

§28-112.5 Related fees. The payment of the fee for the con- 
struction, alteration, removal or demolition for work done in 
connection or concurrently with the work authorized by a 
building permit shall not relieve the applicant or holder of the 
permit from the payment of other fees that are prescribed by 
law. 

§28-112.6 Refunds and rebates. Upon application to the 
comptroller of the city of New York, and upon verification of 
claim by the commissioner, refunds or rebates of partial or full 
fees shall be provided as set forth in sections 28-112.6.1 
through 28-1 12.6.3. 

§28-112.6.1 Withdrawal of work permit applications. In 

the event that an owner withdraws an application, the owner 
may obtain a refund of all or a portion of the fee paid as fol- 
lows: 

1. If an application for construction document approval 
is withdrawn prior to the commencement of examina- 
tion of the application all but forty dollars of the 
deposit fee paid shall be refunded. 

2. If an application for construction document approval 
is withdrawn during the progress of examination of 
the application, the comptroller shall retain a percent- 
age of the deposit fee paid, which the department shall 
certify is the equivalent percentage of the examina- 



A-20 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



tion completed, but not less than one hundred dollars. 
The remainder of the deposit fee shall be refunded to 
the owner. 

3. If an application for construction document approval 
is withdrawn after examination of construction docu- 
ments and/or construction document approval and 
before issuance of permit, there shall be refunded by 
the comptroller 50 percent of the total computed fee 
for the permit, except that not less than one hundred 
dollars shall be retained by the comptroller. 

§28-112.6.2 Withdrawal of cranes and derricks applica- 
tions. If the applicant withdraws his or her application for a 
certificate of approval for a power-operated crane, derrick 
or cableway, such applicant may obtain a refund of a portion 
of the fees as follows: 

1. If the application is withdrawn prior to the com- 
mencement of examination by the department, the 
entire fee shall be refunded except one hundred dol- 
lars. 

2. If the application is withdrawn after the examination 
has commenced, the comptroller shall retain a per- 
centage of the fee paid, which the department shall 
certify is the equivalent percentage of the examina- 
tion performed, but not less than one hundred dollars. 
The remainder of the fee shall be refunded to the 
applicant. 

3. If the application is withdrawn after the department 
has performed its examination, whether or not the 
application has been approved no part of the fee shall 
be returned to the applicant. 

§28-112.6.3 Incentive rebates. With respect to the rebates 
under this section 28-1 12.6, the commissioner may, at his or 
her discretion, issue a rebate of application fees as follows 
and as established by rule. 

§28-112.6.3.1 Renewable energy rebates. Owners who 
demonstrate the production on a zoning lot of five per- 
cent or more of the annual energy consumption on the 
zoning lot through renewable energy sources may 
receive a fee rebate as established by rule. 

§28-112.6.3.2 Rebate for energy use reduction. Own- 
ers who demonstrate a reduction in energy use from that 
allowed at the time of permit by the New York state 
energy conservation construction code as a result of the 
permitted work may receive a fee rebate as established 
by rule. 

§28-112.6.3.3 Rebate for water conservation systems. 

Owners who demonstrate conservation of water taken 
from the city supply by providing evidence of achieving 
the water-recycling discount authorized by the New York 
city water board may receive a fee rebate as established 
by rule. 

§28-112.6.3.4 Rebate for redevelopment, remediation 
and reuse of contaminated properties known as 
brownfields. Owners who demonstrate that their site 



was contaminated and has been certified as remediated 
by the United States environmental protection agency or 
the New York state department of environmental conser- 
vation, or has received a notice of satisfaction from the 
New York city department of environmental protection, 
may receive a fee rebate as established by rule. 

§28-112.6.3.5 Rebate for recycling construction and 
demolition waste. Owners who demonstrate the recy- 
cling of construction and demolition waste may receive a 
fee rebate as established by rule. 

§28-112.6.3.6 Rebate for bicycle storage facilities. 

Except for R-3 occupancy, owners who demonstrate that 
they have provided secured indoor bicycling facilities 
accessible to all building occupants may be rebated their 
fees as set out in rule. Such facilities shall be identified on 
approved plans and shall be noted on the certificate of 
occupancy with a statement that the bicycling accommo- 
dations dedicated to such facilities were provided in 
accordance with this section. 

§28-112.6.3.7 Rebate for LEED or other environmen- 
tal design certification. Owners who demonstrate cer- 
tification of their project, which was signed off following 
the effective date of this code, by the United States Green 
Building Council based upon the Council's Leadership 
in Energy and Environmental Design (LEED) rating sys- 
tem or as otherwise provided by rule, may be rebated 
their fees as set out in rule. 

§28-112.6.3.8 Other rebates. The commissioner is 
authorized to promulgate rules to rebate fees following 
sign-off based upon the installation of energy-conserv- 
ing systems. 

§28-112.7 Inspection fees. Aside from the inspection fees 
covered under permit fees above, the following inspection fees 
shall be paid according to requirements of this code and as pro- 
mulgated in rules. 

§28-112.7.1 Fees for the testing, approval, inspection 
and use of power-operated cranes, derricks and 
cableways. The owner of any crane or derrick shall renew 
the certificate of operation each year. See Table 
28-112.7.14 



§28-112.7.2 Periodic inspection fees. 

28-112.7.24 



See Table 



§28-112.7.3 Other inspection fees. See Table 28- 1 12.7.34 

§28-112.8 Special fees. The department shall be entitled to 
charge the following special fees: 

§28-112.9 Lien on premises for unpaid fee or other charge. 

Any unpaid fee or charge for an inspection, reinspection, 
examination or service performed by the department or other 
unpaid amount owed to the department, and all permits issued 
by the department, pursuant to law shall constitute a lien upon 
the land and buildings upon or in respect to which such inspec- 
tion, reinspection, examination or service was performed or 
permit issued, as hereinafter provided. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-21 



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A-28 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



§28-112.9.1 Filing of fees. The department shall maintain a 
record of all unpaid fees and other charges. Such records 
shall be kept on a building by building basis and shall be 
accessible to the public during business hours. An entry of 
an unpaid amount on the records of the department shall 
constitute notice to all parties. 

§28-112.9.2 Lien. All such unpaid amounts shall constitute 
a lien upon the land and building upon, or in respect to 
which, such inspection, reinspection, examination or ser- 
vice was performed or permit issued when the amount 
thereof shall have been definitely computed as a statement 
of account by the department and the department shall file 
such statement with the department of finance for entry in 
the records of such department against the premises. Such 
lien shall have a priority over all other liens and encum- 
brances except for the lien of taxes and assessments. How- 
ever, no lien created pursuant to this section 28-1 12.9 shall 
be enforced against a subsequent purchaser in good faith or 
mortgagee in good faith unless the requirements of section 
28- U 2.9.1 are satisfied. 

§28-112.9.3 Notice. A notice, stating the amount due and 
the nature of the charge, shall be mailed by the department 
of finance, to the last known address of the person whose 
name appears on the records in the office of the department 
of finance as being the owner or agent or as the person desig- 
nated by the owner to receive tax bills or, where no name 
appears, to the premises, addressed to either the owner or 
the agent. 

§28-112.9.4 Interest. If such charge is not paid within 30 
days from the date of entry, it shall be the duty of the depart- 
ment of finance to receive interest thereon at the rate of 15 
percent per annum, to be calculated to the date of payment 
from the date of entry. 

§28-112.9.5 Tax lien. Such charge and the interest thereon 
shall continue to be, until paid, a lien on the premises. Such 
lien shall be deemed a tax lien within the meaning of sec- 
tions 1 1-319 and 1 1-401 of the administrative code and may 
be sold, enforced or foreclosed in the manner provided in 
chapter three or four of title eleven of such code or may be 
satisfied in accordance with the provisions of section thir- 
teen hundred fifty-four of the real property actions and pro- 
ceedings law. 

§28-112.9.6 Reference. The notice mailed by the depart- 
ment of finance pursuant to this section 28-1 12.9 shall have 
stamped or printed thereon a reference to this section 
28-112.9. 

§28-112.9.7 Validity not subject to challenge in enforce- 
ment proceeding. In any proceedings to enforce or dis- 
charge a lien created pursuant to this section 28-112.9 the 
validity of the lien shall not be subject to challenge based on: 

1 . The lawfulness of the inspection, reinspection, exam- 
ination, service or permit; or 

2. The propriety and accuracy of the fee for which a lien 
is claimed, except as provided in this section 
28-112.9. 

§28-112.9.8 Standing to challenge. No such challenge 
may be made except by (i) the owner of the property, or (ii) a 



mortgagee or lienor whose mortgage or lien would, but for 
the provisions of this section 28-1 12.9, have priority over 
the department's lien. 



ARTICLE 113 
MATERIALS 

§28-113.1 General. Materials shall be used, tested and 
approved for use in accordance with the specific provisions of 
this code and department rules, except that the commissioner 
shall have the power to limit or prohibit the use of any material 
to protect public safety. Materials shall be identified or 
described on construction documents and other submittal doc- 
uments. 

§28-113.2 Use of materials. Except as set forth in sections 
28-113.2.1 through 113.2.6 materials specifically prescribed 
by this code or department rules may be used as prescribed 
without the prior approval of the commissioner. 

§28-113.2.1 Approved material. Whenever this code or 
the rules of the department requires the use of an approved 
material, such material shall not be used without the prior 
approval of the commissioner for such use and may be used 
only to the extent set forth in such approval. 

§28-113.2.2 Alternative materials. Except as otherwise 
specifically limited by this code, the provisions of this code 
are not intended to prevent the installation of any material or 
to prohibit any alternative engineered design or method of 
construction not specifically prescribed by this code, pro- 
vided that the use of such alternative material has been pre- 
viously approved by the commissioner and may be used 
only to the extent set forth in such approval. The use of an 
alternative material, design, method of construction or 
equipment shall be approved where the commissioner finds 
that the proposed design is satisfactory and complies with 
the intent of the provisions of this code, and that the mate- 
rial, method or work offered is, for the purpose intended, at 
least the equivalent of that prescribed in this code in quality, 
strength, effectiveness, fire resistance, durability and safety. 

§28-113.2.3 Listed or labeled. Whenever this code or the 
rules of the department requires that material used be listed 
or labeled to a standard, material that is so listed or labeled 
may be used in accordance with such list or label without the 
prior approval of the commissioner. However, the commis- 
sioner reserves the right to require that information be sub- 
mitted with regard to the testing and evaluation of any 
material so listed or labeled including but not limited to 
inspection certificates, test or evaluation reports, analysis, 
computations or other information used to determine that 
the material so listed or labeled complies with the applicable 
standard. 

§28-113.2.4 Material not listed or labeled. Whenever this 
code or the rules of the department requires that material be 
listed or labeled to a standard and material proposed to be 
used is not so listed or labeled, the use of such material shall 
be subject to prior approval by the commissioner and such 
material shall be used only to the extent set forth in such 
approval. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-29 



ADMINISTRATION 



§28-113.2.5 Reuse. The use of used material that meets the 
requirements of this code for new material is permitted 
unless otherwise provided in this code. Used equipment and 
devices shall not be reused without the prior approval of the 
commissioner and may be used only to the extent set forth in 
such approval. 

§28-113.2.6 Previously issued approvals. Materials that 
were previously approved by the board of standards and 
appeals or by the department before the effective date of this 
code may continue to be used, but only to the extent set forth 
in such approval, and only if such approval is not specifi- 
cally amended or repealed by the commissioner. 

§28-113.3 Approval procedure. Approval of materials shall 
be in accordance with the rules of the department. The cost off- 
sets, reports and investigations required under these provisions 
shall be paid by the applicant. 

§28-113.3.1 Performance. Specific information consisting 
of test reports conducted by an approved testing agency in 
accordance with standards referenced in the construction 
codes or other such information as necessary, shall be pro- 
vided for the commissioner to determine whether the mate- 
rial will perform for the use intended. 

§28-113.3.2 Research and investigation. Sufficient tech- 
nical data shall be submitted to the commissioner to sub- 
stantiate the proposed use of any material. If it is determined 
that the evidence submitted is satisfactory proof of perfor- 
mance for the use intended, the commissioner shall approve 
the use of the material subject to the requirements of this 
code. 

§28-113.3.3 Retesting of materials. All materials tested 
and accepted for use shall be subject to periodic retesting as 
determined by the commissioner; and any material that 
upon retesting is found not to comply with the code require- 
ments or the requirements set forth in the approval of such 
material shall cease to be acceptable for the use intended. 
During the period for such retesting, the commissioner may 
require the use of such material to be restricted or discontin- 
ued if necessary to secure safety. 

§28-113.3.4 New materials. New materials not provided 
for in this code, and any material of questioned suitability 
proposed for use in the construction of a building or struc- 
ture, shall be subjected to the tests prescribed in this code or 
in the rules of the department to determine character, quality 
and limitations of use. 

§28-113.3.5 Research reports. Supporting data, where 
necessary to assist in the approval of materials not specifi- 
cally provided for in this code, shall consist of valid research 
reports from approved sources. 

§28-113.3.6 Conflicting test results. Whenever there is 
evidence of conflicting results in the test of any material, the 
commissioner shall determine the acceptability of the mate- 
rial and/or the acceptable rating for such material 

§28-113.3.7 Amendment and repeal. The commissioner 
shall have the power to amend or repeal the approval of any 
material, including materials previously approved by the 
board of standards and appeals. 



§28-113.3.8 Maintenance of records of approved mate- 
rial. For any material that has been approved, a record of 
such approval, including the conditions and limitations of 
the approval, shall be kept on file in the department and shall 
be open to public inspection at appropriate times. 

§28-113.3.9 List of approved testing agencies and 
approved materials. A current list of all approved testing 
agencies and a current list of all materials specifically 
approved by the commissioner or previously approved by 
the board of standards and appeals shall be maintained by 
the department and published in written form. 

§28-113.4 Labeling. Materials required to be labeled shall be 
labeled in accordance with the procedures set forth in this code 
or the recognized referenced standards. 

§28-1 13.4.1 Testing. An approved agency shall test a repre- 
sentative sample of the material being labeled to the relevant 
standard or standards. The approved agency shall maintain a 
record of the tests performed. The record shall provide suffi- 
cient detail to verify compliance with the test standard. 

§28-113.4.2 Inspection and identification. The approved 
agency shall at regular intervals perform an inspection, 
which shall be in-plant if necessary, of the material that is to 
be labeled. The inspection shall verify that the labeled mate- 
rial is representative of the material tested. 

§28-113.4.3 Label information. The label shall contain the 
manufacturer's or distributor's identification, model num- 
ber, serial number or definitive information describing the 
material's performance characteristics and the approved 
agency's identification. 

§28-1 13.4.4 Shipment and delivery certification of mate- 
rials listed, labeled or approved. In the case of the ship- 
ment or delivery of material listed or labeled to a standard, 
such material shall be appropriately labeled or accompanied 
by the inspection certificate of an approved agency that the 
material is the same as that which was tested and evaluated 
by such agency. In the case of the shipment or delivery of 
material previously approved by the commissioner, the 
material shall be identified by a tag or certificate indicating 
that the material is the same that was approved for its 
intended use by the commissioner or, if applicable, previ- 
ously approved by the board of standards and appeals, and 
containing the applicable approval number or calendar 
number under which the material received such approval. 



ARTICLE 114 
APPROVED AGENCIES 

§28-114.1 General. Approved agencies shall satisfy the provi- 
sions of this article and the rules of the department as to qualifi- 
cations and operations. The commissioner may revoke or 
suspend the commissioner's approval of or otherwise sanction 
an approved agency for cause. 

§28-114.1.1 Independent. An approved agency shall per- 
form its authorized duties objectively and competently. The 
agency shall disclose possible conflicts of interest so that 
objectivity can be confirmed. 



A-30 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



§28-1 14.1.2 Testing equipment. An approved agency shall 
have adequate testing equipment to perform required tests. 
The equipment shall be periodically calibrated. 

§28-114.13 Personnel. An approved agency shall employ 
experienced personnel qualified to conduct, supervise and 
evaluate the tests or inspections that it undertakes. Special 
inspections may be performed only by employees of such 
agency who are special inspectors qualified pursuant to 
department rules to perform or witness the particular test or 
inspection. The commissioner may require proof of the 
qualifications of employees. 

§28-114.1.4 Background. The commissioner may require 
an approved agency to submit to an investigation of its back- 
ground and of the background of its principals as a condition 
of approval. 

§28-114.1.5 Insurance. An approved agency shall main- 
tain liability insurance as required by department rules. 

§28-114.2 Written evaluation by approved agency. An 

agency's evaluation of material or report of an inspection shall 
be in writing after satisfactory completion of the required 
inspection or test. 

§28-114.3 Records. The approved agency shall maintain 
records of inspection and test reports for at least six years or for 
such period as the commissioner shall determine and shall 
make such records available to the department upon request. 

§28-114.4 Re-authorization of approved agencies. An 

approved agency shall have its approval re-authorized in accor- 
dance with rules of the department. 



ARTICLE 115 
SPECIAL INSPECTORS 

§28-115.1 General. Special inspectors shall satisfy the provi- 
sions of this article and the rules of the department as to qualifi- 
cations in order to perform special inspections required by 
chapter 17 of the New York city building code or elsewhere in 
this code. 

§28-115.2 Disqualification. The commissioner may disqual- 
ify a special inspector from performing special inspections 
pursuant to this code for cause. The special inspector shall be 
given prior notice of the proposed disqualification and the 
opportunity to contest such action. A list of special inspectors 
who have been disqualified from performing special inspection 
shall be maintained and made available to the public upon 
request. 

§28-1 15.3 Records. A special inspector shall maintain records 
of special inspections on a building by building basis for at least 
6 years or for such period as the commissioner shall determine 
and shall make such records available to the department upon 
request. 



ARTICLE 116 

INSPECTIONS AND SIGN-OFF OF COMPLETED 

WORK 

§28-116.1 General. Construction or work for which a permit is 
required shall be subject to inspection in accordance with this 



code and such construction or work shall remain accessible and 
exposed for inspection purposes until the required inspection is 
completed. A satisfactory inspection by the department or the 
acceptance by the department of a satisfactory report of an 
inspection by an approved agency or special inspector shall not 
be construed to be an approval by the department of a violation 
of the provisions of this code or of any other provision of law. It 
shall be the duty of the permit holder to cause the work to 
remain accessible and exposed for inspection purposes. The 
permit holder shall be liable for any expense entailed in the 
removal or replacement of any material required to allow 
inspection. The inspector shall supply a report of the results of 
each inspection. 

§28-116.2 Types of inspections. The inspections set forth in 
sections 28-1 16.2.1 through 28-1 16.2.4 are required or autho- 
rized by this code. 

§28-116.2.1 Preliminary inspection. Before approving 
construction documents, the commissioner is authorized to 
examine or cause to be examined structures or premises for 
which an application has been filed. 

§28-116.2.2 Compliance inspections. In addition to the 
inspections specified in this code, the commissioner is 
authorized to make or require other inspections of any con- 
struction work to ascertain compliance with the provisions 
of this code and other laws that are enforced by the depart- 
ment. 

§28-116.2.3 Special inspections and other inspections 
required during the progress of work. After the issuance 
of a work permit, special inspections and other inspections 
required by this code to be made during the progress of the 
work shall be made at such times or at such stages of the 
work and in such manner as shall be provided by this code or 
as otherwise required by the commissioner. The permit 
application shall set forth an inspection program for the job. 
Such inspections may be made by approved agencies or by 
the department as provided in this code or in the rules of the 
department. Special inspections shall be performed only by 
individuals who are special inspectors. The permit holder 
shall notify the relevant special inspectors in writing at least 
72 hours prior to the commencement of any work requiring 
special inspection. The commissioner may accept inspec- 
tion and test reports from approved agencies and special 
inspectors and the work may, unless otherwise specifically 
provided by code provisions or directed by the commis- 
sioner, proceed without any verifying inspection or test by 
the department. The names and business addresses of spe- 
cial inspectors and approved agencies shall be set forth in 
the work permit application. All inspection reports shall be 
in writing and signed by the person or entity performing the 
inspection. A record of all inspections shall be kept by the 
person performing the inspection. The commissioner may 
require inspection reports to be filed with the department. 
Records of inspections made by approved agencies and spe- 
cial inspectors shall be maintained by such persons for a 
period of six years after sign-off of the job or for such other 
period of time as the commissioner may require and shall be 
made available to the department upon request. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-31 



ADMINISTRATION 



§28-116.2.3.1 Special inspection of fabricated items. 

Where fabrication of regulated products is performed on 
the premises of a fabricator's shop, special inspection of 
the fabricated items is required. The special inspector 
shall verify that the fabricator maintains detailed fabrica- 
tion and quality control procedures that provide a basis 
for inspection control of the workmanship and the fabri- 
cator's ability to conform to approved construction docu- 
ments and referenced standards. The special inspector 
shall review the procedures for completeness and ade- 
quacy relative to the code requirements for the fabrica- 
tor's scope of work. 

Exception: Special inspections shall not be required 
where the fabricator is approved by the commissioner 
in accordance with section 28-116.7. 

§28-116.2.4 Final inspection. There shall be a final inspec- 
tion of all permitted work. Final inspections shall comply 
with sections 28-1 16.2.4.1 through 28-1 16.2.4.2. 

§28-116.2.4.1 Final inspection prior to certificate of 
occupancy. In all cases where the permitted work 
requires the issuance of a new or amended certificate of 
occupancy, the final inspection shall be performed by the 
department in the presence of the permit holder, the reg- 
istered design professional of record or the superinten- 
dent of construction. Such inspection shall be performed 
after all work authorized by the building permit is com- 
pleted and before the issuance of the certificate of occu- 
pancy. All failures to comply with the provisions of this 
code or approved construction documents shall be noted 
and the owner promptly notified thereof in writing. All 
defects noted in such inspection shall be corrected. 
Reports of such final inspections shall be maintained by 
the department. The final inspection report shall confirm 
that defects noted have been corrected, that the work is in 
substantial compliance with the approved construction 
documents and with this code and with other applicable 
laws and rules and that all required inspections were per- 
formed. 

§28-116.2.4.2 Final inspection prior to letter of com- 
pletion. In all cases where the permitted work does not 
require the issuance of a certificate of occupancy, the 
final inspection shall be performed by the department or 
at the option of the owner by an approved agency. When- 
ever the department performs a final inspection, the 
department shall charge a fee for such inspection. The 
applicant shall take all reasonable and necessary steps to 
insure that the final inspection is performed within one 
year after the expiration of the last permit. The inspection 
shall be performed after all work authorized by the build- 
ing permit is completed. The person performing the 
inspection shall note all failures to comply with the pro- 
visions of this code or approved construction documents 
and shall promptly notify the owner in writing. All 
defects noted in such inspection shall be corrected. The 
final inspection report shall confirm that defects noted 
have been corrected, that the work is in substantial com- 
pliance with the approved construction documents and 
with this code and other applicable laws and rules and 



that all required inspections were performed. Final 
inspection reports shall be filed with and maintained by 
the department. Records of final inspections made by 
approved agencies shall be maintained by such persons 
for a period of six years after sign-off or for such other 
period as the commissioner shall require and shall be 
made available to the department upon request. 

§28-116.3 Inspection requests. It shall be the duty of the per- 
mit holder to notify the department or the person designated to 
perform the inspection when work requiring inspection is 
ready to be inspected. It shall be the duty of the permit holder to 
provide access to and means for inspection of such work for 
any inspections that are required by this code. 

§28-116.4 Sign-off of completed work. Upon submission of a 
satisfactory report of final inspection and all required submittal 
documents, the department shall document the sign-off of the 
project and issue a letter of completion, or, if applicable, a cer- 
tificate of occupancy for the work. The owner shall take all rea- 
sonable and necessary steps for the issuance by the department 
of a letter of completion or certificate of occupancy within 1 
year following the expiration of the last permit. 

§28-116.4.1 Issuance of certificate of compliance. The 

following types of service equipment shall not be operated 
until the department issues a certificate of compliance after 
submission of a satisfactory report of inspection and testing 
of such equipment in accordance with this code and all 
required submittal documents: 

1. Air-conditioning and ventilation systems 

2. Elevators, escalators, moving walkways and dumb- 
waiters 

3. Fuel burning and fuel-oil storage equipment 

4. Refrigeration systems 

5. Heating systems 

6. Boilers. 

Exception: A certificate of compliance shall not be 
required in connection with work specifically exempted 
from permit requirements in accordance with this code 
or department rules. 

§28-116.5 Payment of outstanding penalties. The depart- 
ment may refuse to issue a letter of completion or certificate of 
occupancy pending payment of all outstanding fines or civil 
penalties imposed for violations of this code, the 1 968 building 
code or other laws enforced by the department at the same 
building. 

§28-116.6 List of approved inspection agencies. A current 
list of all approved inspection agencies shall be maintained by 
the department and published in written form. 

§28-116.7 Fabricator approval. Approval of fabricators by 
the department shall be based upon review of the fabricator's 
written procedural and quality control manuals and periodic 
auditing of fabrication practices by an approved agency. 

§28-116.7.1 Fabricator's certificate of compliance. For 

all fabricated items, the approved fabricator shall submit a 
certificate of compliance to the department stating that the 
work was performed in accordance with the approved con- 



A-32 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



struction documents, referenced standards and applicable 
provisions of law. 



ARTICLE 117 
PLACES OF ASSEMBLY 

§28-117.1 Place of assembly certificate of operation. It shall 
be unlawful to use or occupy any building or space as a place of 
assembly without a certificate of operation issued by the com- 
missioner. An application for a certificate of operation shall be 
made to the department in such form and containing such infor- 
mation as the commissioner shall provide. The department 
shall inspect every place of assembly space prior to the issu- 
ance of a certificate of operation. The commissioner shall not 
issue a certificate of operation unless the department deter- 
mines that the space conforms substantially to the approved 
construction documents and to the provisions of this code and 
that the certificate of occupancy authorizes such use. A certifi- 
cate of operation shall not be issued to a place of assembly pro- 
viding seating or other moveable furnishings unless the 
commissioner approves a plan conforming to this code and the 
rules of the department. Seating and other moveable furnish- 
ings shall be maintained at all times during occupancy in accor- 
dance with the approved plan. Any amendment of such plan 
shall be subject to the prior approval of the commissioner. 

§28-117.1.1 Contents of certificate of operation. The cer- 
tificate of operation shall contain the place of assembly cer- 
tificate number, the number of persons who may legally 
occupy the space and any other information that the com- 
missioner may determine. Such certificate of operation 
shall be framed and mounted in a location that is conspicu- 
ously visible to a person entering the space. For the purposes 
of this article a place of assembly permit issued prior to the 
effective date of this code shall be valid until its expiration. 
Prior to the expiration of the term of such place of assembly 
permit, the party responsible for renewal shall apply to the 
department for a certificate of operation in accordance with 
this article, except that the issuance of such certificate shall 
be subject to the same inspection requirement as a renewal 
of a certificate of operation pursuant to this code. 

§28-117.2 Temporary place of assembly certificate of oper- 
ation. At the commissioner's discretion, a temporary certifi- 
cate of operation may be issued for a place of assembly space 
upon request by the applicant in accordance with this code pro- 
vided that public safety is not jeopardized thereby. The appli- 
cant shall notify the fire department when a temporary place of 
assembly certificate of operation is issued. 

§28-117.3 Duration and renewal of certificate. A place of 
assembly certificate of operation shall be issued for a term of 1 
year and may be renewed annually upon payment of proper 
fees and proof of satisfactory inspection by the fire department. 

§28-117.4 Security guards. In the case of a certificate holder^ 
that offers for sale food and/or beverages for on-premises con- 
sumption, but not including establishments operated by a 
not-for-profit corporation, and employs or uses the services of 
a security guard, as that term is defined in subdivision six of 
section eighty-nine of the general business law, such certificate 
holder $ shall comply with the provisions of article 7-A of the 



genera] business law, shall obtain proof that such security 
guard is registered pursuant to article 7-A of the general busi- 
ness law, shall maintain such proof in a readily available loca- 
tion, in accordance with rules promulgated by the 
commissioner during all hours in which such place of assembly 
is open to the public, shall maintain a roster of all security 
guards working at any given time when such place of assembly 
is open to the public, and shall require each security guard to 
maintain on his or her person proof of registration at all times 
when on the premises. 

§28-117.4.1 Presumption. For purposes of this section, 
there shall be a rebuttable presumption that a person 
employed or whose services are retained at a place of 
assembly is a security guard if his or her job functions 
include: 

1 . The monitoring or guarding of the entrance or exit of 
such place of assembly to manage ingress and egress 
to such place of assembly for security purposes dur- 
ing the hours of operation of such establishment; 
and/or 

2. Protection of such place of assembly from disorderly 
or other unlawful conduct by patrons of such place of 
assembly. 

§28-117.4.1.1 Presumption not applicable to owner. 

The rebuttable presumption in section 28-1 17.4.1 shall 
not apply to an individual who is an owner of the estab- 
lishment as described in section 28-117.4 that has 
received a place of assembly certificate of operation. 

§28-117.4.2 Responsibility for violations. Notwithstand- 
ing any provision of this section, only the holder of a certifi- 
cate of operation shall be liable for violations of this article 
that relate to such holder's obligations regarding security 
guards. 

§28-117.4.3 Enforcement. In addition to employees of the 
department, employees of the police department and the 
department of consumer affairs shall have the authority to 
enforce the provisions of this article regarding security 
guards. 

§28-117.4.4 State liquor authority reporting. The 

enforcement agency shall report any violation of the provi- 
sions of this section relating to security guards to the state 
liquor authority if the holder of the certificate of operation 
holds a license pursuant to the alcoholic beverage control 
law. 



ARTICLE 118 
CERTIFICATES OF OCCUPANCY 

§28-118.1 General provisions. No building or open lot shall 
be used or occupied without a certificate of occupancy issued 
by the commissioner. Issuance of a certificate of occupancy 
shall not be construed as an approval of a violation of the provi- 
sions of this code or of other applicable laws and rules. 

§28-118.2 New buildings or open lots. No building hereafter 
constructed or open lot shall be occupied or used, in whole or in 
part, unless and until a certificate of occupancy shall have been 
issued certifying that such building or open lot conforms sub- 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-33 



ADMINISTRATION 



stantially to the approved construction documents and the pro- 
visions of this code and other applicable laws and rules. 

§28-118.3 Completed buildings or open lots. The provisions 
of sections 28-1 18.3. 1. through 28- 1 1 8.3.4 shall apply to com- 
pleted buildings or open lots. 

§28-118.3.1 Change of occupancy or use. No building, 
open lot or portion thereof hereafter altered so as to change 
from one occupancy group to another, or from one zoning 
use group to another, either in whole or in part, shall be 
occupied or used unless and until the commissioner has 
issued a certificate of occupancy certifying that the alter- 
ation work for which the permit was issued has been com- 
pleted substantially in accordance with the approved 
construction documents and the provisions of this code and 
other applicable laws and rules for the new occupancy or 
use, 

§28-118.3.2 Changes inconsistent with existing certifi- 
cate of occupancy. No change shall be made to a building or 
open lot or portion thereof inconsistent with the last issued 
certificate of occupancy or, where applicable, inconsistent 
with the last issued certificate of completion for such build- 
ing or open lot or which would bring it under some special 
provision of this code or other applicable laws or rules, 
unless and until the commissioner has issued a new certifi- 
cate of occupancy. 

§28-118.3.3 Changes to exits. No building hereafter 
altered so as to cause a major alteration to existing exits shall 
be occupied or used unless and until the commissioner has 
issued a certificate of occupancy certifying that the alter- 
ation work for which the permit was issued has been com- 
pleted substantially in accordance with the approved 
construction documents and the provisions of this code and 
other applicable laws and rules. 

§28-118.3.4 Existing buildings or open lots without cer- 
tificates of occupancy. A building or open lot in existence 
prior to January 1 , 1938 and heretofore legally used or occu- 
pied without a certificate of occupancy or, if applicable, a 
certificate of completion, and subject to the provisions of 
section 28-102.4 (continuation of lawful existing use), may 
continue to be used or occupied without a certificate of 
occupancy or, if applicable, a certificate of completion, pur- 
suant to the requirements of section six hundred forty five of 
the New York city charter, this code and other applicable 
laws and rules provided there is no change in the existing 
use or occupancy classification of the building, open lot or 
portion thereof. 

§28-118.3.4.1 Application for certificate of occu- 
pancy. Upon application by the owner of such a building 
or open lotin existence prior to January 1, 1938, the com- 
missioner shall issue a certificate of occupancy for such 
building, provided that at the time of issuing such certifi- 
cate, such existing building is in compliance with all ret- 
roactive requirements of the 1968 building code 
applicable to such building and no notices of violation or 
other notices or orders affecting the building as they 
relate to the provisions of this code or the 1968 building 
code are pending before the department, and provided 
further that it is established to the satisfaction of the com- 



missioner, after inspection and investigation, that the 
alleged use of the building has heretofore legally existed. 

§28-118.3.4.2 Partial certificates of occupancy. Partial 
certificates of occupancy may be issued pursuant to sec- 
tion 28-118.16. 

§28-118.4 Applications for certificates of occupancy. All 

applications for certificates of occupancy shall be submitted on 
forms furnished by the department. Applications for new 
buildings or additions to buildings shall be accompanied by an 
accurate and complete final lot survey made by a land surveyor 
showing such information as prescribed by the commissioner. 
The commissioner may waive the requirement of such survey 
in the case of small sheds, stands, temporary structures, signs, 
and similar small structures. 

§28-118.4.1 Applicant. The application for a certificate of 
occupancy shall be made by or on behalf of the owner of the 
building or open lot; and if made by a person other than the 
owner, the application shall be accompanied by a signed 
statement of the applicant stating that the applicant is autho- 
rized by the owner to make the application. The full names 
and addresses of the owner, and applicant, and of the princi- 
pal officers thereof, if a corporation, shall be stated in the 
application. 

§28-118.4.2 Statement of compliance. When a certificate 
of occupancy for a new or altered building is applied for, the 
application shall be accompanied by a signed statement of 
the registered design professional of record or the superin- 
tendent of construction, as applicable, stating that such per- 
son has examined the approved construction documents and 
specifications of the building for which the certificate of 
occupancy is sought, and that, to the best of his or her 
knowledge and belief, the building has been erected or 
altered in accordance with the approved construction docu- 
ments and specifications and, as erected or altered, complies 
with the provisions of this code and all other applicable laws 
and rules, except insofar as variations or variances there- 
from have been legally permitted or authorized, specifying 
such variations or variances in such required statement. 

§28-118.5 Review of applications for certificates of occu- 
pancy. All applications for certificates of occupancy and 
accompanying submittal documents shall be examined 
promptly after their submission. If the building is entitled to the 
certificate of occupancy applied for, the application shall be 
approved and the certificate of occupancy issued by the com- 
missioner within 10 calendar days after submission of a com- 
plete application. Otherwise, the application shall be rejected 
and written notice of rejection, stating the grounds of rejection, 
shall be given to the applicant within 10 calendar days of the 
submission of the application. Wherever an application has 
been rejected and proof is thereafter submitted establishing 
that the grounds of rejection have been met and that the build- 
ing is entitled to the certificate of occupancy applied for, the 
application shall be approved and the certificate of occupancy 
issued within 10 calendar days after submission of such proof. 

§28-118.6 Issuance of certificate of occupancy. After the 
commissioner inspects the building or open lot and determines 
that the building or open lot conforms substantially to the 
approved construction documents and to the provisions of this 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ADMINISTRATION 



code and other applicable laws and rules, the commissioner 
shall issue a certificate of occupancy that shall contain infor- 
mation including, but not limited to: 

1. The building permit number. 

2. The address of the structure. 

3. Block and lot numbers pertaining to the zoning lot as of 
the date of issuance, as defined in section 12-10 of the 
New York city zoning resolution. 

4. The description of the structure for which the certifi- 
cate is issued. 

5. A statement that the described portion of the structure 
has been inspected for compliance with the require- 
ments of this code. 

6. The name and signature of the commissioner. 

7. The code under which the permit was issued. 

8. The use and occupancy, in accordance with this code 
and the zoning resolution. 

9. The type of construction as defined in this code. 

10. The design occupant load of floors and spaces. 

1 1 . Types of major fire suppression or alarm systems. 

12. Any special stipulations and conditions of the building 
permit. 

13. The maximum permissible live loads on the several 
floors of the building. 

14. The number of parking spaces. 

§28-118.7 Pavement plan. No certificate of occupancy shall 
be issued for any building or open lot requiring a pavement plan 
pursuant to article 108 unless and until an inspection has been 
made to show that all work necessary for compliance with the 
pavement plan has been completed. 

§28-118.7.1 Certification. No certificate of occupancy 
shall be issued for any building or open lot requiring a certif- 
ication pursuant to article 108 unless and until the applicant, 
after completion of construction work, inspects the side- 
walk and certifies that the sidewalk is free from defects. 

Exception: The commissioner may issue a certificate of 
occupancy if in lieu of such certification the owner fur- 
nishes to the department prior to the issuance of the cer- 
tificate of occupancy security satisfactory to the 
department that the sidewalk will be installed and paved 
or repaired within the time specified by the department. 

§28-118.8 Sanitary /storm water drainage. No certificate of 
occupancy shall be issued until the department confirms by 
inspection that all work relating to the installation of the part of 
the sanitary/storm water drainage system which lies outside of 
such property, if and as required by section 24-526 of the 
administrative code, has been satisfactorily completed. 

§28-118.9 Fire protection plan. No certificate of occupancy 
shall be issued until a fire protection plan, if required pursuant 
to article 109, has been filed and accepted. 

§28-118.10 Electrical work. No certificate of occupancy shall 
be issued unless compliance with the New York city electrical 
code is certified by the commissioner. 



§28-118.11 Certificates of compliance. No certificate of 
occupancy shall be issued until certificates of compliance are 
issued for the following types of service equipment: 

1. Air conditioning and ventilation systems. 

2. Elevators, escalators, moving walkways and dumbwait- 
ers. 

3. Fuel burning and fuel oil storage equipment. 

4. Refrigeration systems. 

5. Heating systems. 

6. Boilers. 

§28-118.12 Place of assembly certificate of operation. The 

issuance of a certificate of occupancy shall not authorize the 
use of any space as a place of assembly unless and until, the 
commissioner thereafter issues a place of assembly certificate 
of operation. 

§28-118.13 Certificates of occupancy for air-inflated struc- 
tures, air-supported structures, and tents. Certificates of 
occupancy for air-inflated structures, air-supported structures, 
and tents shall be issued for a period not exceeding one year. 
Such certificates may be renewed for one-year periods upon 
demonstration that the structure complies with all laws and 
rules in effect at the time of the request for renewal. 

§28-118.14 Payment of outstanding penalties. The depart- 
ment may refuse to issue a certificate of occupancy for a build- 
ing pending payment of all outstanding fines or civil penalties 
imposed for violations of this code, the 1968 building code or 
other laws enforced by the department at the same building. 

§28-118.15 Temporary certificates of occupancy. Upon 
application, the commissioner is authorized to issue a tempo- 
rary certificate of occupancy before the completion of the 
entire work covered by the permit, provided that the subject 
portion or portions of the building may be occupied and main- 
tained in a manner that will not endanger public safety, health, 
or welfare. The commissioner shall set a time period during 
which the temporary certificate of occupancy is valid. 

§28-118.16 Amended certificate of occupancy. Where a 
building exceeds three stories in height and the change does not 
exceed 20 percent of the total floor area, an amendment to the 
existing certificate of occupancy for such new use shall be 
issued by the commissioner certifying that the proposed new 
occupancy and use conforms to the provisions of the laws gov- 
erning building construction and that the proposed use will not 
be in conflict with any provisions of the labor law, multiple 
dwelling law or the zoning resolution. 

§28-118.16.1 Partial certificate of occupancy. A partial 
certificate of occupancy may be issued to a specific floor or 
floors of an existing building erected prior to January 1, 
1938 subject to the following conditions: 

1. The building does not have and is not otherwise 
required to have a certificate of occupancy or certifi- 
cate of completion, if applicable. 

2. The floor or floors for which a certificate of occu- 
pancy is issued shall not constitute more than 50 per- 
cent of the gross floor area of the building. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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ADMINISTRATION 



3. The building is of noncombustible construction and 
protected with an automatic sprinkler system. 

4. Adequate means of egress are provided from all 
floors. 

5. Upon inspection, the building is deemed safe for 
occupancy. 

§28-118.17 Revocation of certificates of occupancy. The 

commissioner is authorized to request, in writing, pursuant to 
section six hundred forty five of the New York city charter that 
the board of standards and appeals or a court of competent 
jurisdiction revoke, vacate, or modify a certificate of occu- 
pancy issued under the provisions of this code whenever the 
certificate is issued in error, or on the basis of incorrect infor- 
mation provided to the department. 

§28-118.18 Record of certificates. A record of all certificates 
of occupancy shall be kept by the department; and copies 
thereof shall be furnished by the department upon request, and 
on the payment of the fee prescribed in article 1 12 of this chap- 
ter. The certificate of occupancy or a copy thereof shall be 
available for inspection at the building at all reasonable times. 

§28-118.19 Posting of certificates of occupancy. The owner 
shall post a copy of the building's certificate of occupancy in 
accordance with this section 28-1 18. 1 9, except buildings occu- 
pied entirely by group R3. Buildings that are not required to 
have a certificate of occupancy shall be posted by the owner 
with a sign or placard in a form prescribed by the commis- 
sioner. The certificate of occupancy or sign, as applicable, shall 
be permanently affixed to the structure in a conspicuous loca- 
tion in a public hall, corridor, management office of the build- 
ing or as otherwise prescribed by the commissioner. 

§28-118.19.1 Replacement of posted certificates of occu- 
pancy and signs. All posted certificates of occupancy or 
signs, as applicable, shall not be removed or defaced and, if 
lost, removed or defaced, shall be immediately replaced. 
The commissioner may inspect or cause to be inspected 
periodically all buildings for compliance with the provi- 
sions of this code in regard to posting; and the inspection 
reports shall specify any violation thereof. 



gas meter piping or gas distribution piping require the 
shut-off of gas flow to a building, the utility company shall 
be notified by the owner or his or her authorized representa- 
tive. 

§28-119.2 Temporary connection. The commissioner shall 
have the authority to authorize the temporary connection of the 
building or system to the gas service utility. 

§28-119.3 Authority to disconnect utility service. The com- 
missioner may authorize disconnection of gas service to the 
building, structure or system regulated by this code and the 
codes referenced in case of emergency where necessary to 
eliminate an immediate hazard to life or property. The depart- 
ment shall notify the local gas utility company, and wherever 
possible the owner and occupant of the building, structure or 
service system of the decision to disconnect prior to taking 
such action. 



ARTICLE 119 
SERVICE UTILITIES 

§28-119.1 Connection of service utilities. It shall be unlawful 
for any utility company or utility corporation to supply gas to a 
building, place or premises in which new meters other than 
replacement are required until a certificate of approval of gas 
installation from the department is filed with such utility com- 
pany or utility corporation. When new gas service piping has 
been installed it shall be locked-off by the utility company or 
utility corporation either by locking the gas service line valve 
or by installing a locking device on the outside gas service line 
valve. The lock shall not be removed until the gas meter piping 
(other than utility owned) and gas distribution piping have been 
inspected and certified as required by the department of build- 
ings as being ready for service. 

§28-119.1.1 Gas shut-off for alterations to gas piping 
systems. When alterations, extensions or repairs to existing 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



CHAPTER 2 

ENFORCEMENT 



ARTICLE 201 
GENERAL 

§28-201.1 Unlawful acts. It shall be unlawful to erect, con- 
struct, alter, extend, repair, fail to maintain, move, remove, 
demolish, occupy, use or operate any building, structure, pre- 
mises, or equipment, or to conduct any subject matter regulated 
by this code or by the zoning resolution, or to cause same to be 
done, in conflict with or in violation of any of the provisions of 
this code, the zoning resolution, or the rules of the department 
or, with regard to existing buildings, any applicable provision 
of the 1968 building code or any other law or rule enforced by 
the department. It shall be unlawful to fail to comply with an 
order of the commissioner or to violate any order of the com- 
missioner issued pursuant to this code, the 1968 building code, 
the zoning resolution or any law or rule enforced by the depart- 
ment. 

§28-201.2 Classification of violations. The commissioner 
shall promulgate rules classifying all violations of this code, 
the zoning resolution or, with regard to existing buildings, the 
1968 building code or other laws or rules enforced by the 
department as immediately hazardous violations, major viola- 
tions or lesser violations unless the classification of such viola- 
tions is specifically directed by this code. Such classification 
shall be based on the effect of the violation on life, health, 
safety or the public interest or the necessity for economic disin- 
centive. 

§28-201.2.1 Specified immediately hazardous viola- 
tions. The commissioner shall classify the following viola- 
tions as immediately hazardous: 

1. A violation of section 28-210.1 in which a building 
legally approved for occupancy as a one-family or 
two-family dwelling (as set forth in the certificate of 
occupancy or if no certificate of occupancy is 
required, as evidenced by official records) is ille- 
gally converted to or maintained as a dwelling for 
occupancy by four or more families; 

2. Any violation of section 28-211.1 false statement; 

3. Any violation of a stop work order or of a cease use 
order; 

4. Any violation of a vacate order or order to seal, 
secure and close, or closure order; 

5. Unlawful demolition; 

6. Falsely impersonating an employee or authorized 
representative of the department; 

7. Occupancy without a required certificate of occu- 
pancy; 

8. Intentional disobedience or violation of any provi- 
sion of a closure order; 

9. Submittal of a materially false or misleading profes- 
sional certification. 



10. A violation of section 28-212.1 1. 

11. A violation of section 28-307. 1. 

12. A violation by a licensed rigger or person perform- 
ing the functions and duties of a licensed rigger of 
the provisions of sections 28-404.1 or 28-401.9 of 
this code or such person's failure to ensure that 
workers have certificates of fitness required pursu- 
ant to this code or applicable rule or any person's 
violation of the provisions of section 3314. 10 of the 
New York city building code. 

13. A violation of any prov i s i on of ch apter 4 of this title 
for engaging in any business or occupation without 
a required license or other authorization. 

§28-201.2.2 Specified major violations. The commis- 
sioner shall classify the following violations as major viola- 
tions: 

1. A violation of section 28-2 10.1 or 28-210.2 other than 
a violation that is directed to be classified as immedi- 
ately hazardous. 

2. Failure to perform required facade, elevator and 
boiler inspections and to file required reports within 
the applicable time period. 

3. Failure to provide the notice required by section 
3314.1.1 of the New York city building code. 

§28-201.3 Methods of enforcement. The commissioner may 
use any of the methods set forth in this code to enforce compli- 
ance with this code, the 1968 building code, the zoning resolu- 
tion, other laws or rules enforced by the department and orders 
of the commissioner issued pursuant thereto including but not 
limited to: 

1 . Proceedings for the recovery of civil penalties for imme- 
diately hazardous, major and lesser violations before the 
environmental control board or other administrative tri- 
bunal. 

2. Civil judicial proceedings for the recovery of civil penal- 
ties or injunctive relief or both for immediately hazard- 
ous, major and lesser violations. 

3. Criminal judicial proceedings for the imposition of crim- 
inal fines or imprisonment or both for immediately haz- 
ardous, major and lesser violations. 

4. The issuance and enforcement of peremptory orders for 
immediately hazardous, major and lesser violations. 

5. The issuance of a commissioner's request for correction 
of an unlawful use or condition or order to correct an 
unlawful use or condition. 

6. Other special remedies as set forth in this code, the zon- 
ing resolution or other law or rule. 

§28-201.3.1 Issuance. Officers and employees of the 
department and of other city agencies designated by the 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-37 



ENFORCEMENT 



commissioner shall have the power to issue summonses, 
appearance tickets and notices of violation for violations of 
this code, the 1968 building code, the zoning resolution or 
other laws or rules enforced by the department, orders, and 
requests for corrective action. 

§28-201.4 Aggravating and mitigating factors. Civil penal- 
ties and criminal fines and imprisonment shall be imposed 
within the ranges set forth in this code or as otherwise specified 
in this code or other law, with due regard for mitigating and 
aggravating factors. 



ARTICLE 202 
CIVIL PENALTIES 

§28-202.1 Civil penalties. Except as otherwise specified in 
this code or other law, violations of this code, the 1968 building 
code, the zoning resolution or other laws or rules enforced by 
the department shall be punishable by civil penalties within the 
ranges set forth below: 

1. For immediately hazardous violations, a civil penalty of 
not less than one thousand dollars nor more than 
twenty-five thousand dollars may be imposed for each 
violation. In addition to such civil penalty, a separate 
additional penalty may be imposed of not more than one 
thousand dollars for each day that the violation is not cor- 
rected. The commissioner may by rule establish speci- 
fied daily penalties within the limit set forth above for 
particular immediately hazardous violations. 

2. For major violations, a civil penalty of not more than ten 
thousand dollars may be imposed for each violation. In 
addition to such civil penalty, a separate additional pen- 
alty may be imposed of not more than two hundred fifty 
dollars for each month that the violation is not corrected. 
The commissioner may by rule establish specified 
monthly penalties within the limit set forth above for par- 
ticular major violations. 

3. For lesser violations, a civil penalty of not more than five 
hundred dollars may be imposed for each violation. 

§28-202.2 Continuing violations. Notwithstanding the 
assessment of daily penalties, each day that a violation contin- 
ues shall be a separate and distinct offense. 



ARTICLE 203 
CRIMINAL PENALTIES 

§28-203.1 Criminal fines and imprisonment. Except as oth- 
erwise specified in this code or other law, violations of this 
code, the 1968 building code, the zoning resolution or other 
laws or rules enforced by the department shall be punishable by 
criminal fines and imprisonment within the ranges set forth 
below: 

1. Every person convicted of violating a provision of this 
code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order 
of the commissioner issued pursuant thereto that is clas- 
sified by the commissioner or the code as an immediately 
hazardous violation shall be guilty of a misdemeanor 



punishable by a fine of not more than twenty-five thou- 
sand dollars or by imprisonment of not more than one 
year or by both such fine and imprisonment. 

2. Every person convicted of violating a provision of this 
code, the 1968 building code, the zoning resolution or 
other law or rule enforced by the department or an order 
of the commissioner issued pursuant thereto that is clas- 
sified by the commissioner or the code as a major viola- 
tion shall be guilty of a violation punishable by a fine of 
not more than ten thousand dollars or imprisonment for 
not more than 15 days or both such fine and imprison- 
ment. 

3. Every person convicted of violating a provision of this 
code, the zoning resolution or other law or rule enforced 
by the department or an order of the commissioner issued 
pursuant thereto that is classified by the commissioner or 
the code as a lesser violation shall be guilty of a violation 
punishable by a fine of not more than five hundred dol- 
lars. 

§28-203.2 Continuing violations. In the case of continuing 
violations each day's continuance shall be a separate and dis- 
tinct offense. 



ARTICLE 204 
ENVIRONMENTAL CONTROL BOARD 

§28-204.1 General. Any person who shall violate or fail to 
comply with any of the provisions of this code, the 1968 build- 
ing code, the zoning resolution or other laws or rules enforced 
by the department or with any order issued pursuant thereto 
shall be liable for a civil penalty that may be recovered in a pro- 
ceeding before the environmental control board. Such proceed- 
ing shall be commenced by the service of a notice of violation 
returnable before the board. Such notice of violation may be 
issued by employees of the department or of other city agencies 
designated by the commissioner and may be served by such 
employees or by a licensed process server. 

§28-204.2 Order to certify correction. Each such notice of 
violation shall contain an order of the commissioner directing 
the respondent to correct the condition constituting the viola- 
tion and to file a certification with the department that the con- 
dition has been corrected. Unless otherwise provided by rule, 
such order shall require that violations classified as major or 
lesser be corrected within 30 days from the date of the order 
and that violations classified as immediately hazardous be cor- 
rected forthwith. Such order shall also require that certification 
of the correction of the violation shall be filed with the depart- 
ment in a manner and form and within such additional period of 
time as shall be established by rule of the department. In any 
proceeding before the environmental control board, no civil 
penalty shall be imposed for a lesser violation if the respondent 
complies with the commissioner's order to correct and to cer- 
tify correction of the violation within the applicable time 
period. However, such violation may serve as a predicate for 
purposes of assessing aggravating factors attributable to multi- 
ple offenses. 

§28-204.3 Failure of proof. In any proceeding before the envi- 
ronmental control board, if the board finds that the commis- 



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NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



ENFORCEMENT 



sioner has failed to prove the violation charged, the order 
requiring the respondent to correct the condition constituting 
the violation shall be deemed dismissed. 

§28-204.4 Failure to certify the correction of a violation. 

Failure to comply with an order of the commissioner issued 
pursuant to section 28-204.2 to correct and to certify correction 
of a violation within the applicable time period shall be a viola- 
tion of this code for which penalties may be imposed in addi- 
tion to the penalties that may be or have been imposed for the 
violation referred to in such order. Upon application, for good 
cause, the commissioner may extend the time for filing the cer- 
tification of correction of a violation, but not for more than 30 
days for each extension. 

§28-204.5 False statements in certification of correction. 

For the purposes of this section 28-204.5, if the environmental 
control board finds that a certification of correction filed pursu- 
ant to section 28-204.2 contained material false statements 
relating to the correction of a violation, such certification of 
correction shall be null and void and the penalties set forth in 
this code for the violation may be imposed as if such false cer- 
tification had not been filed with and accepted by the depart- 
ment. It shall be an affirmative defense that the respondent 
neither knew nor should have known that such statements were 
false. 

§28-204.6 Tax lien. Enforcement of environmental control 
board judgments against owners for certain building code vio- 
lations. Notwithstanding any provision of law to the contrary, 
an environmental control board judgment against an owner for 
a building code violation with respect to a private dwelling, a 
wooden-framed single room occupancy multiple dwelling, or a 
dwelling with a legal occupancy of three or fewer dwelling 
units shall constitute a tax lien on the property named in the 
violation with respect to which such judgment was rendered, as 
hereinafter provided. Such liens shall be entered and enforced 
as provided in this section 28-204.6. 

§28-204.6.1 Record of unpaid judgments. There shall be 
filed in the office of the department a record of all such 
unpaid judgments. Such records shall be kept by tax lot and 
block number and shall be accessible to the public during 
business hours. An entry of a judgment on the records of the 
department shall constitute notice to all parties. 

§28-204.6.2 Lien. All such unpaid judgments shall consti- 
tute a lien upon the property named in the violation with 
respect to which such judgment was rendered when the 
amount shall have been definitely computed as a statement 
of account by the department, and the department shall file 
such statement with the department of finance for entry 
against the property. Such lien shall have a priority over all 
other liens and encumbrances except for the lien of taxes 
and assessments. However, no lien created pursuant to this 
section 28-204.6 shall be enforced against a subsequent pur- 
chaser in good faith or mortgagee in good faith unless the 
requirements of section 28-204.6.1 are satisfied. 

§28-204.6.3 Notice. A notice, stating the amount due and 
the nature of the charge, shall be mailed by the department 
of finance to the last known address of the person whose 
name appears on the records of the department as being the 
owner or agent of the property or as the person designated 



by the owner to receive tax bills or, where no name appears, 
to the property, addressed to either the "owner" or the 
"agent." 

§28-204.6.4 Mailing. Such notice mailed by the department 
of finance pursuant to this section 28-204.6.4 shall have 
stamped or printed thereon a reference to section 204.6. 

§28-204.6.5 Failure to J3ay charge. If such charge is not 
paid within 30 days from the date of entry, it shall be the duty 
of the department of finance to receive interest thereon at the 
same rate as unpaid real property taxes, to be calculated to 
the date of payment from the date of entry. 

§28-204.6.6 Enforcement of lien. Such charge and the 
interest thereon shall continue to be, until paid, a lien on the 
property. Any remedy or procedure available for the 
enforcement of tax liens against such property, including, 
but not limited to, any sale of a tax lien or any foreclosure of 
a tax lien, shall be available with respect to such tax lien. In 
addition, such tax lien may be satisfied in accordance with 
the provisions of section 1354 of the real property actions 
and proceedings law. 

§28-204.6.7 Validity of lien. In any proceeding to enforce 
or discharge a lien created pursuant to this section 28-204.6, 
the validity of the lien shall not be subject to challenge based 
on the lawfulness of the judgment, except as provided in this 
section 28-204.6. 

§28-204.6.8 Challenge. No such challenge may be made 
except by the owner of the property or a mortgagee or lienor 
whose mortgage or lien would, but for the provisions of this 
section 28-204.6, have priority over the department's lien. 

§28-204.6.9 Notice to mortgagees and lienors. Notwith- 
standing the foregoing provisions, no such judgment shall 
be entered and enforced as a tax lien against any property 
unless at the time of the issuance of the notice of violation a 
copy of such notice was also served on all mortgagees and 
lienors of record of such property by mail addressed to the 
recorded addresses of such mortgagees and lienors. 

§28-204.6.10 Non-exclusive remedy. The procedures pro- 
vided in this section 28-204.6 for the enforcement of envi- 
ronmental control board judgments against owners shall be 
in addition to any other methods provided under any other 
provision of law for the enforcement of such judgments. 



ARTICLE 205 
CIVIL JUDICIAL PROCEEDINGS 

§28-205.1 Civil judicial enforcement. The owner, lessee, per- 
son in charge, or occupant of any building, structure, premises, 
equipment or part thereof, where a violation of this code, the 
1968 building code, the zoning resolution or of other laws or 
rules enforced by the department or any order issued by the 
commissioner shall exist or the agent, architect, builder, con- 
tractor, engineer, or any other person who commits or assists in 
any such violation or who maintains any building, structure, 
premises, equipment or part thereof where any such violation 
shall exist shall be subject to an action or proceeding to restrain, 
correct or abate such violation, or to compel compliance with 
such order. Upon request of the commissioner, the corporation 



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counsel may institute judicial actions or proceedings seeking 
such relief. In addition to any other remedies, in any such 
action or proceeding the defendant or respondent shall be sub- 
ject to the payment of civil penalties as provided in this code. 

§28-205.1.1 Corporation counsel. Such actions and pro- 
ceedings may be instituted by the corporation counsel in the 
name of the city in any court of competent jurisdiction in the 
city and shall be given preference over pending causes 
therein. In such actions or proceedings, the city may apply 
for restraining orders, preliminary injunctions or other pro- 
visional remedies, with or without notice; and no undertak- 
ings shall be required as a condition to the granting or 
issuing of any such order, injunction or remedy, or by reason 
thereof. No court shall lose jurisdiction of any action or pro- 
ceeding hereunder by reason of a plea that the title to real 
estate is involved if the object of the action is to recover a 
penalty for the violation of any of the provisions of this 
code. 

§28-205.1.1.1 Naming the building as a defendant. 

The corporation counsel shall name as defendants the 
building, structure, or premises where the violation shall 
exist by describing it by block, lot number, and street 
address and at least one of the owners of some part of or 
interest in the building, structure, or premises. 

§28-205.1.1.2 In rem jurisdiction over the building. In 

rem jurisdiction over the building, structure, or premises 
where the violation shall exist shall be complete by affix- 
ing the summons to the door of the building, structure, or 
premises and by mailing the summons by certified or 
registered mail, return receipt requested, to one of the 
owners of some part of or interest in the building, struc- 
ture, or premises. Proof of service shall be filed within 
two days thereafter with the clerk of the court designated 
in the summons. Service shall be complete upon such fil- 
ing. 

§28-205.1.1.3 Service on other defendants. Defen- 
dants, other than the building, structure, or premises 
where the violation shall exist, shall be served with the 
summons as provided in the civil practice law and rules. 

§28-205.1.2 Presumptive evidence. In any action or pro- 
ceeding founded upon a claim by the commissioner that any 
law or rule enforceable by the department has been violated, 
or that a lawful order issued by such commissioner has not 
been complied with, the following presumptions shall 
apply: 

§28-205.1.2.1 Presumption of commissioner certifi- 
cate. A certificate in writing by the commissioner, or his 
or her authorized representative, shall be presumptive 
evidence of any matter stated therein. 

§28-205.1.2,2 Presumption of ownership. The person 
in whose name the real estate affected by the action is 
recorded in the office of the city register or the county 
clerk, as applicable, shall be presumed to be the owner 
thereof. 



§28-205.1.2.3 Presumption of employment or agency. 

Whenever there is evidence that a person was the man- 
ager, operator, or supervisor or, in any other way, in 
charge of the premises, at the time the violation occurred, 
such evidence shall be presumptive that he or she was an 
agent or employee of the owner or lessee of the building, 
structure, or premises. 

§28-205.1.3 Costs. In no case shall the department, or any 
officer or employee thereof, be liable for costs in any such 
action or proceeding; and officers and employees of the 
department, acting in good faith and without malice, shall 
be free from liability for acts done in any such action or pro- 
ceeding. 

§28-205.1.4 Lien. Any judgment rendered in any such 
action or proceeding shall be and become a lien upon the 
premises named in the complaint in such action or proceed- 
ing, if any, the lien to date from the time of filing a notice of 
pendency in the office of the clerk of the county in which the 
premises is located, and to have priority before any mort- 
gage or other lien existing prior to such filing, except tax and 
assessment liens. 

§28-205.1.5 Notice of pendency. The notice of pendency 
referred to in this section 28-205.1.5 may be filed at the 
commencement of judicial proceedings; provided the com- 
missioner may deem such action to be necessary. Any notice 
of pendency filed pursuant to the provisions of this code 
may be vacated and cancelled of record upon an order of a 
justice of the court in which such action or proceeding was 
instituted or is pending, or upon the consent in writing of the 
corporation counsel. The clerk of the county where the 
notice is filed is hereby directed and required to mark any 
such notice of pendency, and any record or docket thereof, 
as vacated and cancelled of record upon the presentation 
and filing of a certified copy of such order or consent. 



ARTICLE 206 
CRIMINAL JUDICIAL PROCEEDINGS 

§28-206.1 Criminal judicial enforcement. The owner, lessee, 
person in charge, or occupant of any building, structure, pre- 
mises, equipment or part thereof, where a violation of this 
code, the 1968 building code, the zoning resolution or of other 
laws or rules enforced by the department or any order issued by 
the commissioner shall exist or the agent, architect, builder, 
contractor, engineer, or any other person who commits or 
knowingly assists in any such violation or who maintains any 
building, structure, premises, equipment or part thereof where 
any such violation shall exist shall be guilty of a criminal 
offense punishable by a fine or imprisonment or both a fine and 
imprisonment in accordance with this code. 

§28-206.1.1 Other penalties. The criminal penalties pro- 
vided by this code shall be in addition to or alternative to any 
civil sanctions authorized to be imposed for an unlawful use 
or condition cited in this code. 



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ENFORCEMENT 



ARTICLE 207 
PEREMPTORY ORDERS 

§28-207.1 Contents and service. Peremptory orders issued by 
the commissioner shall contain a description of the building, 
structure, premises, equipment or subject matter affected, and 
shall be designated by address where applicable. Such orders 
may be served personally or by posting at the premises fol- 
lowed by regular mail, by any officer or employee of the 
department, or by any person authorized by the commissioner. 

§28-207.2 Stop work orders. Whenever the commissioner 
finds that any building work is being executed in violation of 
the provisions of this code, the 1968 building code, the zoning 
resolution or of any laws or rules enforced by the department, 
or in a dangerous or unsafe manner, the commissioner or his or 
her authorized representative may issue a stop work order. 

§28-207.2.1 Issuance. Upon issuance of a stop work order 
by the commissioner, all work shall immediately stop unless 
otherwise specified. Such order may require all persons to 
forthwith vacate the premises pursuant to the provisions of 
section 28-207.4 and may also require such work to be done 
as, in the opinion of the commissioner, may be necessary to 
remove any danger therefrom. The police department or 
other law enforcement agency or officer shall, upon the 
request of the commissioner, assist the department in the 
enforcement of this section 28-207.2. The stop work order 
may be given verbally or in writing to the owner, lessee or 
occupant of the property involved, or to the agent of any of 
them, or to the person or persons executing the work. A ver- 
bal order shall be followed promptly by a written order and 
shall include the reason for the issuance of the stop work 
order. 

§28-207.2.2 Unlawful continuance. No person shall with 
knowledge or notice of a stop work order allow, authorize, 
promote, continue or cause to be continued any work cov- 
ered by the stop work order, except such work that may be 
required by order of the commissioner. 

§28-207.2.3 Rescission. Upon application, the commis- 
sioner shall rescind the stop work order when the condition 
that gave rise to its issuance has been corrected and either all 
civil penalties or criminal fines assessed for any violation of 
such order have been paid or, where a violation is pending, 
security for the payment of such penalties or fines has been 
posted in accordance with department rules, or where the 
stop work order was issued in error or conditions are such 
that it should not have been issued. The commissioner may 
by rule require the payment of a fee in the amount of the 
expense of additional inspection and administrative 
expense related to such stop work order. 

§ 28-207.2.4 Mandatory stop work orders. The commis- 
sioner shall issue stop work orders in the circumstances set 
forth below. Upon issuance of such stop work order, the 
work shall immediately stop and shall not resume until the 
stop work order is rescinded by the department. The stop 
work order shall not be rescinded less than two business 
days after the date of issuance of such order. Nothing in the 
following sections shall be construed to limit the commis- 
sioner's power to issue stop work orders in other circum- 
stances. 



§ 28-207.2.4.1 Scaffold safety. A stop work order shall 
be issued if a permit holder or person directly in charge of 
any suspended scaffold supported by c-hooks or outrig- 
ger beams fails to notify the department prior to the 
installation or use of such equipment as required by sec- 
tion 3314.1.1 of the New York city Building code and 
either: 

1. The rigger does not hold a license required by this 
code, or 

2. The workers lack certificates of fitness as required 
by this code or applicable rule, or 

3. The rigger failed to file with the department satis- 
factory evidence of insurance required by this 
code. 

§28-207.3 Public nuisance. Whenever any building, structure, 
place or premises is or may be perilous to life or property by 
reason of the nature or condition of its contents, its use, the 
overcrowding of persons therein, defects in its construction, or 
deficiencies in fire alarm, fire extinguishing equipment or fire 
escape equipment, or by reason of any condition in violation of 
law or order of the commissioner, the commissioner may 
declare that the same, to the extent that the commissioner may 
specify, is a public nuisance and may order the same to be 
removed, sealed, abated, repaired, altered or otherwise 
improved. 

§28-207.3.1 Rescission. Upon application, the commis- 
sioner shall rescind such order when the condition that gave 
rise to its issuance has been corrected or where the declara- 
tion was issued in error or conditions are such that it should 
not have been issued. The commissioner may by rule 
require the payment of a fee in the amount of the expense of 
additional inspection and administrative expense related to 
such order. 

§28-207.4 Vacate order. In case any order to remedy a condi- 
tion that is or may be imminently perilous, dangerous or detri- 
mental to life, public safety or property, issued by the 
commissioner is not complied with, or the commissioner deter- 
mines that an emergency exists requiring such action, the com- 
missioner may order and immediately cause any building, 
structure, place or premises to be vacated. The vacate order 
may be given verbally or in writing to the owner, lessee or occu- 
pant of the property involved, or to the agent of any of them, or 
to the person or persons executing the work. A verbal order 
shall be followed promptly by a written order and shall include 
the reason for the issuance of the vacate order. 

§28-207.4.1 Basis for vacate. Conditions for which the 
commissioner may issue a vacate order shall include but 
shall not be limited to the following conditions that create a 
hazard to life, public safety, or property: 

1. Danger of structural failure; 

2. Danger of facade failure; 

3. Inadequate fire protection, detection, or suppression; 

4. Inadequate egress; or 

5. Improper storage of hazardous materials, combusti- 
ble or toxic. 



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§28-207.4.2 Enforcement of vacate order. All orders 
issued pursuant to this section 28-207.4 shall be posted 
upon the premises and made available to the public. Imme- 
diately upon the posting of an order upon the premises, offi- 
cers and employees of the police department, the 
department, and other authorized officers and employees of 
the city shall immediately act upon and enforce such order. 
The police department shall provide all reasonable assis- 
tance to the department and other authorized officers and 
employees necessary to carry out the provisions of this sec- 
tion 28-207.4, A copy of the vacate order shall be filed with 
the county clerk of the county in which the premises is 
located. Such filing shall be notice of the vacate order to any 
subsequent owner and such owner shall be subject to such 
order. 

§28-207.4.3 Rescission. Upon application, the commis- 
sioner shall rescind the vacate order when the condition that 
gave rise to its issuance has been corrected and either all 
civil penalties or criminal fines assessed for any violation of 
such order have been paid or, where a violation is pending, 
security for the payment of such penalties or fines has been 
posted in accordance with department rules, or where the 
vacate order was issued in error or conditions are such that it 
should not have been issued. The commissioner may by rule 
require the payment of a fee in the amount of the expense of 
additional inspection and administrative expense related to 
such vacate order. 

§28-207.5 Cease use orders for service equipment. When- 
ever the commissioner determines that the operation of any ser- 
vice equipment is or may be dangerous to life, health or safety, 
the commissioner may issue a cease use order requiring such 
equipment to be shut down or sealed or otherwise made inoper- 
able. Upon the issuance of such order a tag or notice shall be 
affixed to the device warning that the equipment is unsafe for 
operation. It shall be unlawful to operate such equipment or to 
remove or deface such tag unless and until the cease use order is 
rescinded by the commissioner. 

§28-207.5.1 Rescission of cease use order. Upon applica- 
tion, the commissioner shall rescind the cease use order 
when the condition that gave rise to its issuance has been 
corrected and either all civil penalties or criminal fines 
assessed for any violation of such order have been paid or, 
where a violation is pending, security for the payment of 
such penalties or fines has been posted in accordance with 
department rules or where the cease use order was issued in 
error or conditions are such that it should not have been 
issued. The commissioner may by rule require the payment 
of a fee in the amount of the expense of additional inspection 
and administrative expense related to such cease use order. 



ARTICLE 208 

COMMISSIONER'S REQUEST FOR 

CORRECTIVE ACTION 

§28-208.1 Commissioner's request for corrective action. As 

an alternative to the issuance of an order or notice of violation, 
the commissioner may issue a request for corrective action to 
any person responsible for any claimed unlawful use or condi- 
tion in any premises. Each request for corrective action shall 



have the commissioner's signature affixed thereto; but the 
commissioner may authorize any subordinate to affix such sig- 
nature, including an electronic signature. 

§28-208.1.1 Contents and delivery. The request for cor- 
rective action shall contain a description of the building, 
structure, premises, equipment or subject matter affected, 
shall be designated by address, where applicable, shall be 
sent by regular mail or upon consent by electronic means to 
the owner, lessee, person in charge, or occupant of the build- 
ing, structure, premises, equipment or to any person respon- 
sible for the unlawful use or condition at the last known 
address for such person. Requests for corrective action may 
be sent to a managing agent or other person specifically des- 
ignated by the owner to attend to such requests on behalf of 
the owner. Each such request shall describe the unlawful use 
or condition, call upon the person addressed to correct it and 
to inform the department of the action taken. A time for cor- 
rection or response shall be specified. A request for correc- 
tive action may be given orally, followed within a 
reasonable time by a writing as described in this section 
28-208.1.1. A request for corrective action shall provide 
notice that failure to respond to such a request may result in 
the imposition of a fee for any subsequent inspection that 
results in the issuance of a notice of violation for the condi- 
tion. 

§28-208.1.2 Public record. The department shall keep a 
record, available to the public, of requests for corrective 
action issued pursuant to this article. The record of a request 
for corrective action shall be reflected as withdrawn upon 
submission to the department of a statement in a form pre- 
scribed by rule indicating that the use or condition has been 
corrected or did not exist or following an inspection by the 
department that confirms correction. A request for correc- 
tive action may be issued in response to a complaint or 
inspection. 

§28-208.1.3 Other remedies not precluded. Nothing in 
this article shall be construed to limit the power of the com- 
missioner to take any other action authorized by this code 
with respect to any unlawful use or condition including, but 
not limited to, the commencement of an action or proceed- 
ing in a court or before the environmental control board or 
other administrative tribunal or the issuance of a peremptory 
order or to require that the commissioner issue a request for 
corrective action as a prerequisite to any other enforcement 
action. 



ARTICLE 209 

COMMISSIONER'S ORDER TO CORRECT 

UNLAWFUL USE OR CONDITION 

§28-209.1 General. The commissioner may issue an order to 
the persons responsible for any unlawful use or condition in 
any premises directing such person to correct the unlawful use 
or condition. Each such order shall have the commissioner's 
signature affixed thereto; but the commissioner may authorize 
any subordinate to affix such signature, including an electronic 
signature. 



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ENFORCEMENT 



§28-209.2 Contents and service of order. All orders issued by 
the commissioner shall contain a description of the building, 
structure, premises, equipment or subject matter affected, and 
shall be designated by address where applicable, All such 
orders shall be served by regular mail or, upon consent, elec- 
tronically. Such orders may be served by any officer or 
employee of the department, or by any person authorized by 
the commissioner. An order may be given orally, followed 
within a reasonable time by a written order as described in this 
section 28-209.2. Failure to comply with a commissioner's 
order within the stated time period shall be a violation of this 
code punishable by civil penalties or criminal fines and impris- 
onment as set forth in this code. Proof of compliance with a 
commissioner's order shall consist of certification as pre- 
scribed by the rules of the department. 



ARTICLE 210 
ILLEGAL CONVERSIONS 

§28-210.1 Illegal residential conversions. It shall be unlaw- 
ful, except in accordance with all requirements of this code, to 
convert any dwelling for occupancy by more than the legally 
authorized number of families or to assist, take part in, main- 
tain or permit the maintenance of such conversion. Upon the 
finding of such violation and the imposition of punishment for 
such violation as set forth in this code the department or if 
applicable the environmental control board shall forward to the 
internal revenue service, the New York state department of tax- 
ation and finance and the New York city department of finance 
the name and address of the respondent or defendant, the 
address of the building or structure with respect to which the 
violation occurred and the time period during which the viola- 
tion was found to have existed. 

§28-210.2 Illegal industrial or manufacturing conversions. 

Except as otherwise provided by section 42-03 of the zoning 
resolution and the multiple dwelling law, it shall be unlawful, 
except in accordance with all requirements of this code, to con- 
vert to residential use any space legally authorized for occu- 
pancy for industrial or manufacturing use or to assist, take part 
in, maintain or permit the maintenance of such conversion. 
Upon the finding of such violation and the imposition of pun- 
ishment for such violation as set forth in this code the depart- 
ment, or, if applicable, the environmental control board shall 
forward to the internal revenue service, the New York state 
department of taxation and finance and the New York city 
department of finance the name and address of the respondent 
or defendant, the address of the building or structure with 
respect to which the violation occurred and the time period dur- 
ing which the violation was found to have existed. 



ARTICLE 211 
FALSE STATEMENTS 

§28-211.1 False statements in certificates, forms, written 
statements, applications, reports or certificates of correc- 
tion. It shall be unlawful for any person to make a material false 
statement in any certificate, professional certification, form, 
signed statement, application, report or certification of the cor- 
rection of a violation required under the provisions of this code 



or any rule of any agency promulgated thereunder that such 
person knew or should have known to be false. 

§28-211.1.1 Rebuttable presumption. In any proceeding 
that relates to a false statement in a certification of correc- 
tion of a violation filed in compliance with section 28-204.2 
if an inspection made within six months after the filing of 
the certification finds a condition constituting a violation 
that is the same as the condition described in the notice of 
violation with respect to which such certification was filed, 
there shall be a rebuttable presumption that the condition 
described in such notice of violation continued and is the 
same condition found in the inspection. 

§28-211.1.2 Additional penalty for false statements. In 

addition to any other penalty provided by law, the commis- 
sioner may refuse to accept an application or other docu- 
ment submitted pursuant to or in satisfaction of a 
requirement of this code or of a rule of any agency promul- 
gated thereunder that bears the signature of a person who 
has been found, after a hearing at the office of administrative 
trials and hearings pursuant to the department's rules, to 
have knowingly or negligently made a false statement or to 
have knowingly or negligently falsified or allowed to be fal- 
sified any certificate, form, signed statement, application, 
report or certification of the correction of a violation 
required under the provisions of this code or of a rule of any 
agency promulgated thereunder. 

§28-211.2 Falsely impersonating an officer. It shall be 
unlawful for any person to falsely represent himself or herself 
as an officer, inspector or employee of the department, or as 
acting under the authority of the department, or without author- 
ity to use, wear or display a shield or other insignia or emblem 
such as is worn by such officer, inspector or employee. 



ARTICLE 212 

ABATEMENT OF PUBLIC NUISANCE CAUSED BY 

CERTAIN ILLEGAL OCCUPANCIES 

§28-212.1 Abatement of public nuisances caused by illegal 
commercial or manufacturing occupancy in residence dis- 
tricts and certain other zoning districts. Any building or part 
thereof or vacant land that is located in a residence zoning dis- 
trict and that is occupied for a use not permitted in such district 
in violation of the zoning resolution, without a certificate of 
occupancy authorizing such use, is hereby declared to be a pub- 
lic nuisance. Any building or part thereof or vacant land that is 
located in a C-I or C-2 commercial zoning district and that is 
occupied for a commercial or manufacturing use indicated 
under use group 16, 17, or 18 as described in sections 32-25, 
42-14, and 42-15 of the zoning resolution, in violation of the 
zoning resolution, without a certificate of occupancy authoriz- 
ing such use is hereby declared to be a public nuisance. 

§28-212.2 Order of closure. If a building or part thereof or 
vacant land in which such a nuisance occurs is not occupied 
primarily as a residence, the commissioner may, in addition to 
or as an alternative to any other remedy under any other provi- 
sion of law, after notice and the opportunity for a hearing in 
accordance with this article, order the closing of such building 



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ENFORCEMENT 



or part thereof or such vacant land to the extent necessary to 
abate the nuisance. 

§28-212.3 Notice of hearing. A notice of hearing with respect 
to an order of closure shah be served on the owner and mort- 
gagee of record of such building or part thereof or such vacant 
land and on any person alleged to be occupying such building 
or part thereof or such vacant land at which the nuisance is 
located. 

§28-212.4 Service of notice of hearing. Service may be made 
on the owner by delivering such notice to the owner or to an 
agent of the owner or to a person of suitable age and discretion 
at the residence or place of business of the owner or, if upon 
reasonable application such delivery cannot be completed, by 
affixing such notice in a conspicuous place at the owner's place 
of business or residence or by placing it under the entrance door 
at either of such locations or by delivering such notice to a per- 
son employed by the owner to work at or to manage or maintain 
the premises at which the nuisance is located and, in all 
instances except personal delivery upon such owner by mailing 
the notice of hearing as follows: 

§28-212.4.1 Mailing to owner's registered address. To 

the person registered with the department of housing preser- 
vation and development as the owner or agent of the pre- 
mises, at the address filed with such department in 
compliance with article two of subchapter four of chapter 
two of title twenty-seven of the administrative code; 

§28-212.4.2 Mailing to billing address. To the person des- 
ignated as owner of the building or designated to receive real 
property tax or water bills for the building at the address for 
such person contained in one of the files compiled by the 
department of finance for the purpose of the assessment or 
collection of real property taxes and water charges or in the 
file compiled by the department of finance from real prop- 
erty transfer forms filed with the city register upon the sale 
or transfer of real property; or 

§28-212.4.3 Mailing to recorded address. To the person in 
whose name the real estate affected by the order of the com- 
missioner is recorded in the office of the city register or the 
county clerk as the case may be at the address set forth on the 
recorded instrument. 

§28-212.4.4 Service on corporate owner. Service may be 
made on an owner that is a corporation pursuant to section 
306 of the business corporation law; however, service upon 
a corporation shall be deemed to have been completed 45 
days following service upon the secretary of state. 

§28-212.4.5 Service on mortgagees. Service may be made 
upon mortgagees of record by mailing such notice to the 
mortgagees at the address set forth on the recorded instru- 
ment. 

§28-212.4.6 Service on occupants. Service may be made 
upon an occupant by delivering such notice to the occupant 
or to a person employed by the occupant to work at or to 
manage or maintain the premises at which the nuisance is 
located; or by affixing such notice to the premises at which 
the nuisance is located in a conspicuous place or by placing 
a copy under the entrance door of such premises and mailing 
a copy of such notice to the occupant at such premises; and 



in all instances except personal delivery upon such occu- 
pant, by mailing the notice of hearing to the occupant at the 
premises at which the nuisance is located. 

§28-212.4.7 Proof of service. Proof of service pursuant to 
section 28-212.4.1 through 28-212.4.6 shall be filed with 
the commissioner. 

§28-212.5 Conduct of hearing by office of administrative 
trials and hearings. The hearing shall be conducted by the 
office of administrative trials and hearings. The administrative 
law judge assigned to hear the matter shall submit his or her 
proposed findings of fact and recommended decision to the 
commissioner. If based on such recommended decision, pro- 
posed findings of fact, and the record of the hearing the com- 
missioner determines that the building or part thereof or vacant 
land is a public nuisance, pursuant to this article, the commis- 
sioner may issue an order of closure. Such order shall not bar 
legally required ingress or egress for residential occupancy of 
parts of the building that are not subject to the order of closure. 

§28-212.6 Lack of knowledge not a defense. At such hearing 
it shall not be a defense that the owner, occupant, lessor, lessee, 
mortgagee, or other person having an interest in the property 
lacked knowledge of or did not acquiesce or participate in the 
creation or continuation of the public nuisance. 

§28-212.7 Closure not an act of possession. A closure 
ordered by the commissioner pursuant to this article shall not 
constitute an act of possession, ownership, or control by the 
city over the closed premises. 

§28-212.8 Posting of order of closure. An order of closure 
shall be posted at the building or part thereof or vacant land that 
is the subject of such order, and shall be mailed to the record 
owner of such premises, and any record mortgagee at the 
address for such person set forth in the recorded instrument, 
and to the person designated as owner or agent of the building 
or designated to receive real property tax or water bills for the 
building at the address for such person contained in one of the 
files compiled by the department of finance for the purpose of 
the assessment or collection of real property taxes and water 
charges or in the file compiled by the department of finance 
from real property transfer forms filed with the city register 
upon the sale or transfer of real property. A copy shall also be 
filed with county clerk or register of the county in which such 
premises are located. Such filing shall be notice of the order to 
any subsequent owner and such owner shall be subject to such 
order. 

§28-212.9 Enforcement of order of closure. On the tenth 
business day after the posting of such order and upon the writ- 
ten directive of the commissioner, police officers and autho- 
rized employees of the department shall act upon and enforce 
such order by sealing, padlocking, or otherwise preventing 
access to the premises in a manner that will not bar legally 
required ingress or egress for residential occupancy of parts of 
the building that are not subject to the closure order. 

§28-212.10 Rescission of order of closure. If at any time after 
the issuance of such order, the owner, mortgagee, or other per- 
son having an interest in the property provides assurance, in a 
form satisfactory to the commissioner, that the illegal commer- 
cial or manufacturing use of the premises has been discontin- 



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ued and will not reoccur, or such owner, mortgagee, or other 
person establishes that the premises may be lawfully occupied 
for such use, the commissioner shall rescind the closure order. 
If such order is rescinded, the commissioner shall, upon 
request of such owner, mortgagee, or other person, provide a 
copy of such rescission, which may be filed with the county 
clerk or register of the county in which such premises are 
located. No such re-occupancy shall be permitted without a 
certificate of occupancy authorizing such use. 

§28-212.11 Violation of closure order. It shall be unlawful for 
any person to use or occupy or to permit any other person to use 
or occupy any building or part thereof or vacant land that has 
been sealed, padlocked, or otherwise closed pursuant to an 
order of the commissioner. It shall be unlawful to mutilate or 
remove a posted order of the commissioner. Intentional disobe- 
dience or violation of any provision of a closure order shall be 
punishable as an immediately hazardous violation. 



ARTICLE 213 
PENALTY FOR WORK WITHOUT A PERMIT 

§28-213.1 Department penalty for work without a permit. 

In addition to any penalties otherwise authorized by law pursu- 
ant to article 202 and the rules of the department, whenever any 
work for which a permit is required pursuant to this code has 
been performed without a permit, a penalty shall be imposed by 
the department as provided in this article. 

§28-213.1.1 Penalty for work without permit on one or 
two-family dwelling. Where work has been performed 
without a permit on a one-family or two-family dwell ing the 
penalty shall equal four times the amount of the fee payable 
for the permit. Where only part of the work has been per- 
formed without a permit, the penalty shall be reduced pro- 
portionately according to the amount of work still to be 
performed at the time a permit is issued. Notwithstanding 
the foregoing, no such penalty shall be less than five hun- 
dred dollars. 

§28-213.1.2 Penalty for work without permit on other 
than one or two-family dwelling. The penalty for work 
without a permit on buildings other than one or two-family 
dwellings shall be fourteen times the amount of the fee pay- 
able for such permit. Where only part of the work has been 
performed without a permit, the penalty shall be reduced 
proportionately according to the amount of work still to be 
performed at the time a permit is issued. Notwithstanding 
the foregoing, no such penalty shall be less than five thou- 
sand dollars. 

§28-213.2 Waiver. Such penalty and the permit fee shall be 
payable by the owner of the building on which the unpermitted 
work was performed. A waiver or reduction of such penalty 
shall be available to a subsequent bona fide purchaser of the 
premises pursuant to department rules. 

§28-213.3 Payment of penalty required before issuance of 

permit. No permit shall be issued for work described in this 
article until the penalty assessed by the department pursuant to 
this article has been paid. 



§28-213.4 Procedure. The department shall adopt a rule set- 
ting forth a procedure for assessment of penalties pursuant to 
this article. 



ARTICLE 214 
ORDER TO SEAL, SECURE AND CLOSE 

§28-214.1 Order to seal, secure and close. If the commis- 
sioner determines such action is necessary to the preservation 
of life and safety the commissioner may order a building sub- 
ject to a vacate order to be sealed, secured and closed, except 
that the commissioner shall not order sealed, secured and 
closed any dwelling unit or other space lawfully used for resi- 
dential purposes unless such dwelling unit or other space is 
sealed pursuant to the provisions of article 216. 

§28-214.1.1 Definition. For the purpose of this article, 
"sealed" and "sealed, secured and closed" shall mean the 
use of any means available to render the building, structure 
or part thereof inaccessible, including but not limited to the 
use of a padlock or cinder blocks. 

§28-214.1.2 Hearing. Such order to seal, secure and close 
shall contain notice of the opportunity for a hearing with 
respect to such order to determine if the order was properly 
issued in accordance with the provisions of this article. Such 
hearing shall be conducted by the commissioner, or in the 
commissioner's discretion, by the office of administrative 
trials and hearings or the environmental control board. If the 
matter is referred to such office or board, the hearing officer 
shall submit his or her findings of fact and a recommended 
decision to the commissioner. The hearing shall be held 
within three business days after the receipt of the written 
request of an owner, lessor, lessee, or mortgagee for such 
hearing. The commissioner shall render a decision within 
three business days after such hearing is concluded or find- 
ings of fact and a recommendation are submitted. 

§28-214.1.3 Service of seal, secure and close order. Such 
order issued pursuant to this article shall be served as fol- 
lows: It shall be mailed to the record owner of such pre- 
mises; any record mortgagee of such premises at the address 
for such person as set forth in the recorded instrument; and if 
reasonably ascertainable, the person designated as owner's 
agent of the building or designated to receive real property 
tax or water bills for the building at the address for such per- 
son contained in one of the files compiled by the department 
of finance for the purpose of the assessment or collection of 
real property taxes and water charges or in the file compiled 
by the department of finance from real property transfer 
forms filed with the city register upon the sale or transfer of 
real property. A copy shall also be filed with the county clerk 
of the county in which such premises is located. Such filing 
shall be notice of the order to any subsequent owner and 
such owner shall be subject to such order. 

§28-214.1.4 Rescission of seal, secure and close order. An 

order issued pursuant to this article shall not be rescinded 
unless the owner, lessor, lessee or mortgagee seeking such 
rescission provides assurance, in a form satisfactory to the 
commissioner, that the conditions that caused the issuance 
of such order have been corrected and will not reoccur. If 



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ENFORCEMENT 



such order is rescinded, upon the request of the owner, les- 
sor, lessee or mortgagee, the commissioner shall provide a 
certified copy of such rescission, which may be filed with 
the county clerk of the county in which such premises is 
located. 

§28-214.1.5 Expenses of enforcing seal, secure and close 
orders. The expenses attending the execution of any and all 
orders duly made by the department shall respectively be a 
several and joint personal charge against each of the owners 
or part owners, and each of the lessees and occupants of the 
building, structure, enclosure, place or premises to which 
such order relates, and in respect to which such expenses 
were incurred; and also against every person or body who 
was by law or contract bound to do that in regard to such 
building, structure, enclosure, place or premises which such 
order requires. Such expenses shall also be a lien on all rent 
and compensation due, or to become due, for the use of any 
building, structure, place or premises, or any part thereof, to 
which such order relates, and in respect to which such 
expenses were incurred. 

§28-214.1.6 Notice of seal, secure and close order to com- 
munity. The commissioner shall give written notice of the 
closing of any building, structure, enclosure, place or pre- 
mises pursuant to this article, and any subsequent actions 
taken with respect thereto, as soon as practicable, to the bor- 
ough president of the borough within which the closing has 
occurred; the council member representing the district 
within which the closing has occurred; and the local com- 
munity board. On January first of each year, the commis- 
sioner shall submit a report to the council, setting forth the 
number of closings made in the previous year, the locations 
of such closings, and the nature and use of the premises 
closed. The commissioner shall, in addition, as soon as 
practicable after a building, structure, enclosure, place or 
premises has been closed, make and publish a report of said 
closing in a manner calculated to quickly notify the local 
community in which such closing occurred. The commis- 
sioner shall also make and publish a report of any premises 
reopened pursuant to his or her permission under this arti- 
cle. Failure to comply with this section 28-214.1.6 shall not 
invalidate any action taken by the commissioner pursuant to 
this article. 

§28-214.2 Access to sealed premises. The commissioner shall 
allow access to the premises sealed, secured and closed pursu- 
ant to this article to an owner, or a lessor, lessee or mortgagee 
upon the following conditions: 

1. The submission of a written affirmation, satisfactory to 
the commissioner, that such person or persons will com- 
mence or cause to be commenced without delay all work 
necessary to correct the conditions stated in the vacate 
order or otherwise to make the premises meet all applica- 
ble laws and rules and will complete such work within a 
period of time and in a manner to be approved by the 
commissioner; 

2. The submission of a written affirmation or other proof 
satisfactory to the commissioner describing the steps that 
have been taken and will be taken in the future to ensure 



that the premises will be used or operated in a lawful 
manner and specifying such lawful use; 

3. If a license, permit, certificate of operation or certificate 
of occupancy is necessary for such lawful use, the sub- 
mission of a written affirmation or other proof, satisfac- 
tory to the commissioner, describing the steps that have 
been taken and will be taken in the future to ensure that 
such premises will be used or operated in compliance 
with any law requiring such license, permit, certificate of 
operation or certificate of occupancy; and 

4. If the premises are leased and the person making the 
affirmations described above in items 1, 2 and 3 is not 
such lessee, the commissioner may also require any 
authorized person seeking access to submit a written 
affirmation or other proof that proceedings to enable 
such person to take actions necessary to ensure compli- 
ance with the affirmations submitted by such authorized 
person pursuant to items 1, 2 and 3 have been com- 
menced. 

§28-214.3 Additional penalties for harm or injury from vio- 
lation of order to seal, secure and close. Notwithstanding any 
other law, rule, or regulation, any person, corporation, partner- 
ship, association or any other legal entity who permits a build- 
ing, structure, enclosure, place or premises, or any part thereof, 
to be unlawfully occupied or used in contravention of an order 
of the commissioner pursuant to this article, or who negligently 
fails to prevent or prohibit such unlawful occupancy or use, 
shall be liable for a civil penalty of not more than one million 
dollars, if any other person suffers serious physical injury, as 
defined in section ten of the penal law, or death in the building, 
structure, place or premises or any part thereof subject to such 
order as a result of such unlawful occupancy or use. If more 
than one person suffers serious physical injury or death, such 
penalty shall be recoverable for each person suffering serious 
physical injury or death. Such penalty shall be recovered in a 
civil action brought by the corporation counsel in the name of 
the city in any court of competent jurisdiction. In determining 
the amount of the civil penalty to be imposed the court shall 
consider: 

1 . The extent and severity of injury to persons and property 
caused by the violation; 

2. The history of violations by the defendant at such pre- 
mises, or any other premises, of laws or rules enforced by 
the department; 

3. The degree of willfulness, recklessness, or negligence 
displayed by the defendant in committing the subject 
violation; 

4. The defendant's financial resources; and 

5. The defendant's good faith efforts to cure the subject 
violation, including efforts to obtain entry to or posses- 
sion of the premises in order to do so. 

§28-214.3.1 Payment by city. In the event that the family of 
any person seriously injured or who has died as the result of 
any unlawful occupancy or use described in this section 
28-214.3 is unable to collect a judgment recovered in a civil 
action for personal injury or wrongful death against a defen- 
dant who has violated this section 28-214.3 because of the 



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ENFORCEMENT 



insolvency of such defendant, the city may, in its discretion, 
pay to such injured person or the family of such deceased 
person an amount, as hereinafter provided, collected from 
such defendant in an action relating to the same injury or 
death commenced by the corporation counsel against such 
defendant pursuant to this section 28-214.3.1. 

§28-214.3.2 Limitations. Payments pursuant to section 
28-214.3. 1 shall be made as a matter of grace and shall be in 
such amounts and in accordance with such standards and 
procedures as shall be established by the mayor, provided, 
however, that any payment made pursuant to section 
28-214.3.1 shall be in an amount not exceeding 
out-of-pocket expenses, including indebtedness reasonably 
incurred for medical or other services necessary as a result 
of the injury upon which such action is based; loss of earn- 
ings or support resulting from such injury; burial expenses 
not exceeding two thousand five hundred dollars of a person 
who died as a result of such unlawful occupancy or use 
described in this section 28-214.3; and the unreimbursed 
cost of repair or replacement of articles of essential personal 
property lost, damaged or destroyed as a direct result of such 
unlawful occupancy or use. In no event shall the payment 
made to any person exceed the amount of such person's 
uncollected judgment for personal injury or wrongful death 
and in no event shall the total amount paid to any number of 
persons with such uncollected judgments against a single 
defendant exceed the actual amount collected by the city 
from such defendant in an action under this subdivision. 



ARTICLE 215 
EMERGENCY POWERS OF THE COMMISSIONER 

§28-215.1 Emergency work. Notwithstanding any other pro- 
visions of law, if the commissioner determines that a structure 
or any part thereof is in imminent danger of collapse and the 
exigency of the situation is such that any delay may cause fur- 
ther danger to the public safety, then the commissioner may 
direct the commissioner of housing preservation and develop- 
ment or the department of city wide administrative services, or 
other city agency to perform or arrange the performance of the 
emergency demolition of such structure or part thereof or such 
other work as deemed by the commissioner to make it safe. 

§28-215.1.1 Lien for emergency work. The expenses of 
the city in performing emergency work on any structure or 
part of such structure pursuant to this article shall constitute 
a debt recoverable from the owner and a lien upon the land 
and any part of such structure that was not demolished. 
Every such lien shall have priority over all other liens and 
encumbrances on the premises except for the lien of taxes 
and assessments. Except as otherwise provided by rule of 
the affected agency, the agency incurring such expense shall 
be governed by the procedures set forth in article eight of 
subchapter five of the housing maintenance code with 
respect to the enforcement of such debt and lien against all 
types of structures, including those authorized to be occu- 
pied or otherwise occupied for residential, commercial, and 
manufacturing purposes. 



§28-215.2 Stopping work and securing structures. See 

tion 28-207.2. 



sec- 



§28-215.3 Vacating structures. See section 28-207.4. 

§28-215.4 Violations of protective measures during con- 
struction or demolition. During the construction or demoli- 
tion of a structure, the commissioner shall notify the owner of 
the structure affected of any failure to comply with any of the 
provisions of this code that concern the protection of the public 
and workers during construction or demolition. Unless the 
owner so notified proceeds immediately to comply with the 
orders of the commissioner, the commissioner shall have full 
power to correct the violation. All expenses incurred therefore 
shall become a lien on the property pursuant to section 
28-112.9. 

§28-215.5 Investigation of accidents or other emergency 
conditions. When necessary to conduct an investigation of any 
occurrence affecting building or construction safety, the com- 
missioner may seize or impound equipment, building material, 
and portions of the affected building or premises for examina- 
tion and testing. The police department or other authorized law 
enforcement agency shall cooperate with the commissioner 
upon request and shah provide a suitable place for the deposit 
of such items. 

§28-215.6 Closing streets temporarily. The commissioner 
may, when necessary for the public safety, temporarily close 
the sidewalks, streets, structures or places adjacent to a struc- 
ture or part thereof, and the police commissioner, or any of his 
or her subordinates shall enforce all orders or requirements 
made by the commissioner, when so requested by the commis- 
sioner. 

§28-215.7 Recovery of bodies from wrecked structures. 

Where any persons are known or believed to be buried under 
the ruins of any fallen structure or part thereof in the city, the 
commissioner shall cause an examination of the premises to be 
made for the recovery of the injured and bodies of the dead. 
Whenever, in making such examination, it shall be necessary to 
remove any debris from the premises, other city agencies shall 
cooperate with the commissioner in carrying out the purposes 
of this section 28-215.7, and shall provide suitable and conve- 
nient places for the deposit of such debris. 

§28-215.8 Non-compliance with orders; execution of work 
by department. Upon the failure to comply with any order of 
the commissioner within the time limited thereby, and subject 
to the provisions of article 216, any work required to be exe- 
cuted by such order may be executed by the commissioner 
through the officers, agents or contractors of the department; 
and the city shall be reimbursed promptly for all costs and 
expenses of such work. Such costs and expenses shall become a 
lien upon the premises involved and named in the commis- 
sioner's order, which may be enforced in accordance with the 
provisions of section 28-1 12.9 of this code. 



ARTICLE 216 
UNSAFE BUILDINGS 

§28-216.1 Conditions constituting an unsafe building or 
structure. Any building, structure or part thereof described in 
this article shall be deemed an unsafe building and shall be 
demolished or removed or made safe and secure as provided 
herein. 



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ENFORCEMENT 



§28-216.1.1 Compromised structures. Any structure or 
premises or part of a structure or premises that from any 
cause may at any time become dangerous or unsafe, struc- 
turally or as a fire hazard, or dangerous or detrimental to 
human life, health or safety, shall be demolished and 
removed or made safe and secure. 

§28-216.1.2 Vacant buildings. Any vacant building not 
continuously guarded or not sealed and kept secure against 
unauthorized entry shall have all openings sealed in a man- 
ner approved by the commissioner, and it shall be the duty of 
the owner thereof promptly to make any repairs that may be 
necessary for the purpose of keeping such building sealed 
and secure. 

§28-216.2 Record and notice of unsafe building, structure 
or premises. The department shall cause a report to be filed on 
an unsafe building, structure or premises. The report shall 
describe the nature of the occupancy of the structure and the 
nature of the unsafe condition and be made a record of the 
department. 

§28-216.3 Notice and order. The owner, executor, administra- 
tor, mortgagee, lessee or any other person who may have a 
recorded vested or recorded contingent interest in the unsafe 
building, structure or premises, shall be served with a notice 
containing a description of the unsafe building, structure or 
premises and an order requiring such building be vacated pur- 
suant to 28-207.4, if necessary, and sealed, secured, repaired, 
shored, or demolished and removed as may be deemed neces- 
sary by the department. 

§28-216.3.1 Content. Such notice shall require the person 
thus served immediately to certify to the department his or 
her acceptance or rejection of the order. The notice shall fur- 
ther notify said person(s) that upon his or her refusal or 
neglect to comply with any of the requirements of this provi- 
sion, a survey of the building or premises named in such 
notice will be made at a time and place therein named. The 
notice shall also state that if, pursuant to the survey, it is 
found that the building, structure, or premises referred to 
therein is unsafe or dangerous by the surveyors, their report 
of survey will be placed before the supreme court for trial at 
a time and place named in such notice. 

§28-216.4 Method of service. The notice and order shall be 
served in accordance with the civil practice law and rules of the 
state of New York. 

§28-216.5 Owner abatement of unsafe or dangerous condi- 
tions. If the person served with a notice and order pursuant to 
section 28-21 6.4 shall immediately certify his or her assent to 
the securing or removal of such unsafe building, structure or 
premises condition, such person shall be allowed a period of 
time as determined by the commissioner, or his or her designee, 
within which to commence and complete the abatement of the 
unsafe or dangerous condition. Such person shall employ suffi- 
cient labor and assistance to secure or remove such conditions 
as expeditiously as possible. 



§28-216.6 Survey. A survey of the building or premises shall 
be conducted as follows: 

§28-216.6.1 Identity of surveyors. The survey shall be 
made by three competent persons, of whom one shall be the 
commissioner or his or her designee; another shall be a reg- 
istered design professional appointed by a recognized pro- 
fessional organization; and the third shall be a registered 
design professional appointed by the person served with a 
notice pursuant to section 28-216.4. If the person served 
with such notice shall neglect or refuse to appoint such sur- 
veyor, the other two surveyors shall make the survey. In case 
they disagree, they shall appoint a third person to take part in 
such survey, who shall be a registered design professional of 
at least 10 years' practice, whose decision shall be final. 

§28-216.6.2 Posting report of survey. A copy of the report 
of the survey shall be posted on the structure that is the sub- 
ject thereof by the persons holding the survey, immediately 
on their issuing such report. 

§28-216.6.3 Compensation of surveyors. The registered 
design professional appointed by the respective profes- 
sional organization, as hereinbefore provided, who may act 
on any survey called in accordance with the provisions of 
this section 28-216.6, and the third surveyor who may have 
been called in the case of disagreement provided for in this 
section 28-216.6, shall each be paid a sum to be determined 
by rule to be promulgated by the department. 

§28-216.6.4 Cost of survey. Any costs incurred by the city 
in connection with the survey shall become money due and 
owing to the city as part of the return of precept and judg- 
ment provided for in section 28-216.9 and 28-216. 10 of this 
code or pursuant to lien provided for in section 28-1 12.9 of 
this code. 

§28-216.7 Court proceeding. Whenever the report of survey 
shall recite that the building, structure or premises surveyed is 
unsafe or dangerous, the corporation counsel or his or her 
designee shall, at the time specified in the notice, place such 
notice and report before a justice of the court named in the 
notice. The report of survey shall be in writing and constitute 
the issues to be placed before the court for trial. The purpose of 
the trial shall be to determine whether the unsafe building, 
structure, or premises shall be vacated and sealed, secured, 
shored, or demolished and removed. 

§28-216.7.1 Precedence of proceeding. The unsafe build- 
ing proceeding shall have precedence over every other busi- 
ness of such supreme court. The trial on the issues in the 
unsafe building proceeding shall be held without delay, at 
the time specified in the notice, and shall be held by a justice 
of the court or by a referee, whose decision or report in the 
matter shall be final. 

§28-216.7.2 Precept to abate. If the justice or referee deter- 
mines the building, structure or premises that is the subject 
of the report of survey is unsafe or dangerous, such justice or 
referee trying the case shall immediately issue a precept 
directed to the commissioner authorizing the commissioner 



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ENFORCEMENT 



forthwith to vacate pursuant to section 28-207.4, if neces- 
sary, and to seal, secure, shore, or demolish and remove the 
unsafe building, structure or premises named in such report. 
The precept shall be effective for a period of three years 
from the date of issuance. 

§28-216.7.3 Notice of pendency. A notice of pendency 
shall be filed in accordance with the following procedure: 

1. The notice of pendency shall consist of a copy of the 
notice described in section 28-2] 6.3 and shall be filed 
in the office of the clerk of the county where the prop- 
erty affected by such action, suit or proceeding is 
located. Such notice of pendency may be filed at any 
time after the service of the notice described in section 
28-216.3. 

2. Any notice of pendency filed pursuant to the provi- 
sions of this section 28-216.7.3 that has not expired 
may be vacated and cancelled of record upon an order 
of a justice of the court in which such suit or proceed- 
ing was instituted or is pending, or upon the consent in 
writing of the corporation counsel. The clerk of the 
county where the notice is filed is hereby directed and 
required to mark any such notice of pendency, and 
any record or docket thereof, as vacated and cancelled 
of record upon the presentation and filing of a certi- 
fied copy of such order or consent. 

§28-216.8 Execution of precept. A precept issued pursuant to 
section 28-216.7.2 shall be executed in accordance with the 
procedure set forth in sections 28-216.8.1 through 28-216.8.3. 

§28-216.8.1 Work by the department. Upon receiving a 
precept under the provisions of section 28-2 1 6.7.2, the com- 
missioner shall execute such precept, as therein directed, 
and may employ such labor and assistance and furnish such 
materials as may be necessary for that purpose. The com- 
missioner or his or her designee shall direct the commis- 
sioner of city wide administrative services or the department 
of housing preservation and development or other autho- 
rized agency to perform work in accordance with the pre- 
cept. Such work shall be performed by or under the 
direction of city wide administrative services in accordance 
with the provisions of section 4-204 of the administrative 
code, or the department of housing preservation and devel- 
opment, or such other authorized agency. 

§28-216.8.2 Owner application to perform work. The 

owner of such unsafe building, structure, or premises, or any 
party interested therein, if such person applies to the com- 
missioner immediately upon the issuing of such precept, 
shall be allowed to perform the requirements of such pre- 
cept at his or her own cost and expense, if the performance 
shall be done immediately and in accordance with the 
requirements of such precept and other applicable laws and 
rules and such other requirements as the commissioner shall 
impose. 

§28-216.8.3 Modification of precept. The commissioner 
or his or her designee shall have authority to modify the 
requirements of any precept when such commissioner or 
designee shall be satisfied that such change will secure the 
safety of such structure or premises equally well. 



§28-216.8.3.1 Upon application. The commissioner 
shall also have authority to modify the requirements of 
any precept upon application to such commissioner in 
writing by the owner of the unsafe building, structure, or 
premises, or such owner's authorized representative. In 
addition, upon application to modify the requirements of 
any precept to seal or shore the structure by the commis- 
sioner of housing preservation and development, city- 
wide administrative services or such other authorized 
agency, the commissioner or designee shall have author- 
ity to modify such precept accordingly when the com- 
missioner shall be satisfied that such change will secure 
the safety of such structure or premises equally well. 

§28-216.8.3.2 Notice. After a determination to modify 
the precept is made by the commissioner, written notice 
of such determination shall be sent by regular mail to the 
owner and applicant for the modification if other than the 
owner, at his or her last known address. 

§28-216.8.3.3 Failure of owner to perform work. If no 

action in accordance with the modified precept is under- 
taken by the owner or applicant for modification within 
the time period provided in the modification following 
the granting of such application, the commissioner may 
direct the department of housing preservation and devel- 
opment or the department of city wide administrative ser- 
vices or such other authorized agency to execute the 
original precept, provided however that prior to such 
execution, notice shall be provided by regular mail to the 
owner of the unsafe building, structure or premises and 
applicant for the modification if other than the owner, at 
his or her last known address. The owner shall continue 
to have the right to request the commissioner to modify 
the requirements of the precept prior to the execution 
thereof. 

§28-216.8.4 Interference prohibited. It shall be unlawful 
for any person to interfere, obstruct or hinder the commis- 
sioner or the commissioner of city wide administrative ser- 
vices, housing preservation and development, or other 
authorized agency, or any person who, acting under the 
authority conferred on such person by such commissioner, 
in performing the work authorized by a precept issued out of 
any court or modified in accordance with §28-216.8.3, or 
the work ordered by the commissioner in accordance with 
such precept under the provisions of section 28-216.8.3.3. 

§28-216.8.5 Enforcement. The police commissioner shall 
enforce such orders or requirements when requested by the 
commissioner and shall likewise enforce same at the request 
of the commissioner of citywide administrative services, 
housing preservation and development, or other authorized 
agency, with, respect to work performed by or under the 
direction of such commissioner pursuant to the provisions 
of section 28-216.8.3.3. 

§28-216.9 Return of precept and reimbursement of city. 

Upon compliance with any precept issued to the commissioner 
in a proceeding under this article, the commissioner may make 
return thereof, with an endorsement of the action thereunder 
and the costs and expenses thereby incurred, to the justice of 
the court from, which such precept issued. Such justice shall 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-49 



ENFORCEMENT 



then tax and adjust the amount endorsed upon such precept, 
and shall adjust and allow the disbursements of the proceeding, 
including but not limited to the preliminary expenses of 
searches, service of the notice of survey and summons on inter- 
ested parties, surveys thereof, and costs of executing the pre- 
cept, which shall be inserted in the judgment in such 
proceeding. Such justice shall then render judgment for such 
amount and for the sale of the premises named in such notice, 
together with all the right, title and interest that the person 
named in such notice had in the lot, ground or land upon which 
such structure was placed, at the time of the filing of a notice of 
pendency in such proceedings, or at the time of the entry of 
judgment therein, to satisfy such judgment in foreclosure of 
mortgages. Nothing in this article shall preclude the city from 
recovering such costs and expenses in any other lawful manner, 
including pursuant to section 28-1 12.9 of this code. 

§28-216.10 Judgment lien. Any judgment rendered in an 
action or proceeding instituted under this article shall be and 
become a lien upon the premises named in such action or pro- 
ceeding, such lien to date from the time of filing a notice of pen- 
dency in the office of the clerk of the county wherein the 
property affected by such action or proceeding, is located. 
Every such lien shall have priority before any mortgage or 
other lien as may exist prior to such filing except tax and assess- 
ment liens. 

§28-216.11 Tax lien. Any costs and expenses incurred by any 
agency of the city pursuant to this article, including but not lim- 
ited to the preliminary expenses of searches, service of the 
notice of survey and summons on interested parties, surveys 
thereof, and costs of executing the precept, shall be a debt 
recoverable from the owner of the premises and a lien upon the 
land and buildings upon or in respect to which such costs and 
expenses were incurred. Every such lien shall have priority 
over all other liens and encumbrances on the premises except 
for the lien of taxes and assessments. Except as otherwise pro- 
vided by rule of the affected agency, the agency incurring such 
expense shall be governed by the procedures set forth in article 
eight of subchapter five of the housing maintenance code with 
respect to the enforcement of such debt and lien. 



A-50 NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



CHAPTER 3 

MAINTENANCE OF BUILDINGS 



ARTICLE 301 
GENERAL 

§28-301.1 Owner's responsibilities. All buildings and all 
parts thereof and all other structures shall be maintained in a 
safe condition. All service equipment, means of egress, materi- 
als, devices, and safeguards that are required in a building by 
the provisions of this code, the 1968 building code or other 
applicable laws or rules, or that were required by law when the 
building was erected, altered, or repaired, shall be maintained 
in good working condition. Whenever persons engaged in 
building operations have reason to believe in the course of such 
operations that any building or other structure is dangerous or 
unsafe, such person shall forthwith report such belief in writing 
to the department. The owner shall be responsible at all times to 
maintain the building and its facilities and all other structures 
regulated by this code in a safe and code-compliant manner and 
shall comply with the inspection and maintenance require- 
ments of this chapter. 



ARTICLE 302 
MAINTENANCE OF EXTERIOR WALLS 

§28-302.1 General. A building's exterior walls and appurte- 
nances thereof shall be maintained in a safe condition. All 
buildings greater than six stories shall comply with the mainte- 
nance requirement of this article. 

Exception: The requirements imposed by this article shall 
not apply to any part of an exterior wall that is less than 12 
inches (305 mm) from the exterior wall of an adjacent build- 
ing. 

§28-302.2 Inspection requirements. A critical examination 
of a building's exterior walls and appurtenances thereof shall 
be conducted at periodic intervals as set forth by rule of the 
commissioner, but such examination shall be conducted at least 
once every five years. No later than January 1, 2009 the com- 
missioner shall by rule establish staggered inspection cycles 
for buildings required to comply with this section. The initial 
examination for a new building shall be conducted in the fifth 
year following the erection or installation of any exterior wall 
and/or appurtenances as evidenced by the issuance date of a 
temporary or final certificate of occupancy or as otherwise pre- 
scribed by rule. 

1. Such examination shall be conducted on behalf of the 
building owner by or under the direct supervision of a 
registered design professional with appropriate qualifi- 
cations as prescribed by the department. 

2. Such examination shall include a complete review of the 
most recently prepared report and an inspection. 

3. Such examination shall be conducted in accordance with 
rules promulgated by the commissioner. 

§28-302.3 Immediate notice of unsafe condition. Whenever 
a registered design professional learns of an unsafe condition 



through a critical examination of a building's exterior walls and 
appurtenances thereof, such person shall notify the owner and 
the department immediately in writing of such condition. 

§28-302.4 Report of critical examination. The registered 
design professional shall submit a written report to the com- 
missioner within 60 days of completing the critical examina- 
tion, but not more than five years following submission of the 
preceding report of critical examination, certifying the results 
of such critical examination as either safe, unsafe or safe with a 
repair and maintenance program. The report shall clearly docu- 
ment the condition of the exterior walls and appurtenances 
thereof and shall include a record of all significant deteriora- 
tion, unsafe conditions and movement observed as well as a 
statement concerning the watertightness of the exterior sur- 
faces. Such report must be professionally certified by such reg- 
istered design professional. 

§28-302.5 Repair of exterior walls, unsafe condition. Upon 
the notification to the department of an unsafe condition, the 
owner, the owner's agent or the person in charge shall immedi- 
ately commence such repairs, reinforcements or other mea- 
sures as may be required to secure public safety and to make the 
building's exterior walls or appurtenances thereof conform to 
the provisions of this code. 

1. All unsafe conditions shall be corrected within 30 days 
of filing the critical examination report. 

2. The registered design professional shall reinspect the 
premises and file an amended report within two weeks 
after the repairs have been completed certifying that the 
unsafe conditions of the building have been corrected. 

3. The commissioner may grant an extension of time of up 
to 90 days to complete the repairs required to correct an 
unsafe condition upon receipt and review of an initial 
extension application submitted by the registered design 
professional together with such additional documenta- 
tion as may be prescribed by rule. 

4. The commissioner may grant further extensions of time 
to complete the repairs required to remove an unsafe 
condition upon receipt and review of an application for a 
further extension submitted by the registered design pro- 
fessional together with such further documentation as 
may be prescribed by rule. 

§28-302.6 Safe condition with a repair and maintenance 
program. The registered design professional shall not file a 
report of a safe condition with a repair and maintenance pro- 
gram for the same building for two consecutive filing periods 
unless the second such report is accompanied by his or her pro- 
fessional certification attesting to the correction of all condi- 
tions identified in the prior report as requiring repair. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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MAINTENANCE OF BUILDINGS 



ARTICLE 303 
PERIODIC BOILER INSPECTIONS 

§28-303.1 General. Periodic boiler inspections shall be per- 
formed in accordance with this article. 

§28-303.2 Annual inspection. Except as otherwise provided 
in this article, all boilers as defined in section 204 of the New 
York state labor Jaw, excepting those boilers listed in subdivi- 
sion five of such section of such labor law, shall be inspected at 
least once a year by a qualified department boiler inspector or 
an approved agency. Such inspections shall also include the 
chimney connectors. All individuals who perform periodic 
inspections pursuant to this article shall be qualified under sec- 
tion 204 of the New York state labor law and the rules promul- 
gated by the commissioner of labor or the commissioner of 
buildings. 

§28-303.2.1 Internal inspection required. When the con- 
struction of the boiler allows, an internal inspection shall 
also be performed. 

§28-303.3 Inspection of high-pressure boilers. Each owner 
of a high-pressure boiler, as defined in this code, may choose to 
have the annual boiler inspection conducted by the department 
or by a qualified boiler inspector in the employ of a duly autho- 
rized insurance company. 

§28-303.4 Staggered inspection cycles. The commissioner 
may by rule establish staggered inspection cycles for buildings 
required to comply with this article. 

§28-303.5 Repair of defects. The owner of each boiler that is 
subject to periodic inspection shall correct any defects identi- 
fied in the annual boiler inspection. 

§28-303.6 Owner's annual statement The owner of each 
boiler that is subject to periodic inspection shall file an annual 
written statement with the commissioner including: 

1. The location of each boiler. 

2. Whether the owner, agent, or lessee has had the boiler 
inspected by a qualified boiler inspector in the employ of 
a duly authorized insurance company or other qualified 
inspector in accordance with the requirements of this 
article, setting forth the name and address of the insur- 
ance company or other qualified inspector, the date of 
inspection, and the policy number covering the boiler. 

§28-303.7 Report of inspection. A signed copy of the report 
of each boiler inspection shall be filed with the owner's annual 
statement, on such forms and in such manner as required by the 
commissioner. The report shall include a certification that 
identified defects have been corrected. The statement shall be 
filed within 30 days after installation of a boiler. Thereafter, it 
shall be filed as set forth in this article and in rules. 

§28-303.8 Removal or discontinuance notice. The owner of a 
boiler that is removed or discontinued from use shall file a writ- 
ten notice of such removal or discontinuance with the commis- 
sioner within 30 days of the date of removal or discontinuance. 

§28-303.9 Additional inspections. In addition to the inspec- 
tions required by this article, the commissioner may make such 
additional inspections as required to enforce the provisions of 
this code. 



§28-303.10 Fees. Every owner of a boiler in use and inspected 
by a qualified boiler inspector in the employ of a duly autho- 
rized insurance company shall pay to the department an annual 
fee for each boiler in the amount prescribed by this code to 
cover the city's administrative and supervisory costs. The fee 
shall be payable at the time of the filing of the owner's annual 
statement. No fee shall be charged for additional inspections 
made by the department pursuant to section 28-303.9. 



ARTICLE 304 
PERIODIC INSPECTION OF ELEVATORS 

§28-304.1 General. Every new and existing elevator or con- 
veying system shall be inspected and tested in accordance with 
the schedule set forth in this article. 

§28-304.2 Elevators, escalators, moving walkways, mate- 
rial lifts, vertical reciprocating conveyors (VRC) and 
dumbwaiters. Elevators, escalators, moving walkways, mate- 
rial lifts, VRC's and dumbwaiters shall be inspected and tested 
in accordance with the schedule set forth in Table N 1 of ASME 
17.1 as referenced in chapter 35 and as may be modified in 
chapter 30 and appendix K of the New York city building code. 

Exception: Elevators located in owner-occupied one-fam- 
ily, two-family or multiple-family dwellings that service 
only the owner-occupied dwelling unit and that are not 
occupied by boarders, roomers or lodgers, and elevators 
located within convents and rectories that are not open to 
non-occupants on a regular basis are not subject to periodic 
inspection requirement of such reference standard. 

§28-304.3 Chair lifts and stairway chair lifts. Chair lifts and 
stairway chair lifts shall be inspected and tested at intervals not 
exceeding one year. 

§28-304.4 Amusement devices. Amusement devices shall be 
inspected and tested at intervals not exceeding six months 
except that for seasonally operated amusement devices, the 
commissioner may extend the periodic inspection and test for 
an additional two months. 

§28-304.5 Frequency of inspection and testing. Elevators 
and other conveying systems may be subject to more frequent 
inspection and testing as the commissioner finds necessary to 
protect public safety. 

§28-304.6 Inspection and testing process. All devices shall 
be inspected and tested in accordance with sections 28-304.6. 1 
through 28-304.6.6 

§28-304.6.1 Inspection and testing entities. The required 
periodic inspections shall be made by the department, 
except that one inspection and test for elevators and escala- 
tors shall be made between January first and December 
thirty-first of each year on behalf of the owner by an 
approved agency in accordance with this code and with 
rules promulgated by the commissioner. Required inspec- 
tions and tests performed on behalf of the owner shall be 
performed by an approved agency in accordance with rules 
of the department and witnessed by an approved agency not 
affiliated with the one performing the test. The department 
shall be notified at least 10 days prior to the owner's periodic 
inspection and testing pursuant to rule of the department. 



A-52 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



MAINTENANCE OF BUILDINGS 



§28-304.6.2 Scope. During periodic inspection and testing, 
in addition to any other requirements prescribed by this 
code, all parts of the equipment shall be inspected to deter- 
mine that they are in safe operating condition and that parts 
subject to wear have not worn to such an extent as to affect 
the safe and reliable operation of the installation. 

§28-304.6.3 Reporting an unsafe or hazardous condi- 
tion. If an inspection reveals that any elevator or other con- 
veying system is unsafe or hazardous to life and safety, the 
device is to be taken out of service immediately by the 
agency performing the inspection and the building owner 
notified immediately. The department shall be notified by 
telephone or fax within 24 hours. 

§28-304.6.4 Notation of inspection or test. After each 
inspection or test, the inspector shall affix the inspection 
date and his or her signature over a stamp identifying his or 
her approved agency and his or her approval number on the 
inspection certificate issued by the department. 

§28-304.6.5 Inspection and test reports submission. 

Inspection and test reports shall be submitted on such forms 
and in such manner as required by the commissioner. Cop- 
ies of each report (each copy originally signed by the 
inspector performing the inspection and test and by the 
inspector witnessing the inspection and test, the agency 
director, and the building owner) listing all violations of any 
of the provisions of this code for each device inspected 
and/or tested, shall be delivered to the owner within 30 cal- 
endar days of the inspection or test and filed with the depart- 
ment within 45 calendar days of the inspection or test. 

§28-304.6.6 Repair. All defects as found and reported in 
such inspection and test reports shall be corrected within 45 
days of the filing of the report, except all hazardous condi- 
tions shall be corrected immediately. 

§28-304.7 Required contract. The owner of all new and exist- 
ing passenger elevators shall have a contract with an approved 
agency to perform elevator repair work and maintenance as 
defined by ASME 17.1. The name, address and telephone num- 
ber of such agency shall be maintained at each premises, on the 
mainline disconnect switch and in a location readily accessible 
to employees of the department and to maintenance and custo- 
dial staff at the premises. 

§28-304.8 Fees. Every owner of elevators and other devices 
shall pay to the department an inspection fee and a report filing 
fee for each elevator or device in the amount prescribed by this 
code. 

§28-304.9 Additional inspections. The commissioner may 
make such additional inspections as required to enforce the 
provisions of this code. No fee shall be charged for such addi- 
tional inspections. 



ARTICLE 305 
RETAINING WALLS 

§28-305.1 Retaining walls, partition fences and other site 
structures. In addition to the requirements set forth in chapter 
33 of the New York city building code, the responsibility for 
maintaining and repairing retaining walls, partition fences and 



other site structures shall be in accordance with sections 
28-305.1.1 and 305.1.2. 

§28-305.1.1 Structures located on the lot line of adjacent 
properties and partially on both properties. The owners 
of adjacent properties shall be responsible jointly for the 
proper maintenance and repair of retaining walls, partition 
fences and other site structures, or portions thereof, that are 
located along the common lot line and on both their proper- 
ties; and each such owner shall be responsible for one-half 
of the costs of maintaining and repairing such fences, retain- 
ing walls and other site structures, or such portions thereof. 
Where an owner elects to remove temporarily a retaining 
wall or partition fence that is required to support a grade dif- 
ferential between the two properties, or for any other reason 
is required by this code, such owner shall protect the adja- 
cent property, shall not impair its safe use, and shall replace 
the retaining wall or partition fence at his or her own cost. 

§28-305.1.2 Structures located entirely on one property. 

Where such retaining walls, partition fences or other site 
structures, or portions thereof, are located entirely on one 
property, the owner of such property shall be wholly respon- 
sible for the proper maintenance and repair of the retaining 
wall, partition fence or other site structure. If, however, the 
proper maintenance and/or repair of such retaining wall, 
partition fence or other site structures requires access to the 
adjoining property, the owner of such adjoining property 
shall allow such access. 

§28-305.2 Retaining walls required. Hereafter, when an 
owner elects to set his or her grade either higher or lower than 
the grade of an adjoining property at the property line, such 
owner shall erect, maintain and repair a retaining wall of suffi- 
cient height, structure and foundation to support such grade 
differential, and with proper drainage, in accordance with this 
code, such that the adjacent property is not impacted, and shall 
do so at the sole expense of such owner and entirely on the 
property of such owner without access to the adjoining prop- 
erty. 

§28-305.3 Special agreement. Nothing in this article shall be 
construed to prevent the owners of adjacent properties from 
making or enforcing by private action special agreements with 
respect to maintenance or repair of retaining walls, partition 
fences and other site structures or access to adjoining property 
for such purpose. 



ARTICLE 306 
PARTY WALLS 

§28-306.1 Responsibility for party walls. Repair and mainte- 
nance of the construction, design and fire-resistance rating of 
party walls shall be the joint responsibility of the owners of the 
adjoining properties, and any change by either owner must 
maintain the weather protection, structural, vertical fire divi- 
sion and other requirements of this code for party walls. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-53 



MAINTENANCE OF BUILDINGS 



ARTICLE 307 
WORKPLACE EXITS 

§28-307.1 Obstruction of workplace exits prohibited. 

Except for the exemptions specified in subdivision j of section 
27-371 of the administrative code or chapter 10 of the New 
York city building code, as applicable, it shall be unlawful for 
an employer or the agent of an employer to lock the doors of a 
workplace or otherwise obstruct or prohibit exit from a work- 
place when such act may endanger the health or safety of any 
employee, independent contractor or other individual in such 
workplace in the event of a fire or other hazardous condition or 
event. The commissioner shall classify a violation of this sec- 
tion as an immediately hazardous violation. Notwithstanding 
any other provision of this code, upon criminal conviction or 
civil adjudication of liability for a violation of this section an 
additional fine or civil penalty of not less than five thousand 
dollars nor more than twenty thousand dollars shall be imposed 
for each employee, independent contractor or other individual 
endangered by a violation of this section. 

§28-307.1.1 Notice. A sign shall be posted conspicuously at 
the workplace of a person convicted of or found liable for a 
violation of section 28-307.1. Such sign shall, in English, 
Spanish, Korean, Chinese or any other language directed by 
the fire commissioner, provide notice to employees of the 
acts prohibited by section 28-307.1 and of the remedies for 
employer retaliation as set forth in section 28-307.3. The 
sign shall be in a form and posted in a manner directed by the 
fire commissioner and may contain any other information 
deemed necessary by the fire commissioner or as recom- 
mended by the police commissioner or the commissioner. 
The fire commissioner may, in the interest of public safety, 
adopt a rule requiring the posting of such signs at other 
workplaces. 

§28-307.2 Unannounced inspections of workplaces by fire 
department. In addition to any other inspections required by 
law or rule, the fire department shall conduct a minimum of 
fifty unannounced workplace inspections annually to ensure 
the identification and abatement of any hazardous conditions in 
violation of section 28-307.1. Such inspections shall include, 
but not be limited to, sites where there are known or suspected 
conditions affecting employee safety and health. 

§28-307.3 Retaliation. It shall be unlawful for an employer or 
the agent of such employer to take a retaliatory action, as 
defined by section 740 of the labor law, against an employee 
because of the lawful acts of such employee in furtherance of a 
civil or criminal enforcement proceeding arising out of the fail- 
ure of such employer or agent to comply with section 28-307.1 
An employee who is the victim of such retaliatory action may 
commence an action in any court of competent jurisdiction for 
the relief provided for in this section and shall be entitled to all 
relief necessary to make such employee whole. Lawful acts of 
an employee shall include, but not be limited to, assisting in the 
investigation and initiation of an enforcement proceeding 
alleging a violation of section 28-307. 1, providing testimony in 
any such proceeding or providing other assistance in connec- 
tion therewith. The relief to which such employee shall be enti- 
tled shall include, but not be limited to, (i) an injunction to 
restrain any adverse or retaliatory action, (ii) reinstatement to 
the position such officer or employee would have had but for 



such action, or to an equivalent position, (ill) reinstatement of 
full benefits and seniority rights including payment of any 
missed back pay, plus interest and (iv) compensation for any 
special damages sustained as a result of such action, including 
litigation costs and reasonable attorneys' fees. 



A-54 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



CHAPTER 4 

LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND 
OCCUPATIONS ENGAGED IN BUILDING WORK 



ARTICLE 401 
GENERAL 

§28-401.1 Application. This chapter shall apply to the licens- 
ing and registration of businesses, trades and occupations 
engaged in building work regulated by this code. 

§28-401.2 General requirements for all licenses. The provi- 
sions of this article shall apply to all licenses issued by the 
department pursuant to this chapter. All applicants and licens- 
ees shall comply with the provisions of this article as well as the 
specific requirements applicable to the particular license as set 
forth in other articles of this chapter. 

§28-401.3 Definitions. As used in this chapter the following 
terms shall have the following meanings unless the context or 
subject matter requires otherwise. 

CERTIFICATE OF COMPETENCE. A certificate issued 
by the department to an individual representing that such indi- 
vidual has completed all requirements for the master plumber 
or master fire suppression piping contractor license but has not 
obtained a seal or plate; and that such certificate of competence 
has been renewed as required and is currently in effect. The cer- 
tificate of competence shall bear the name of the holder and the 
certificate number. The holder of a certificate of competence is 
not a licensed master plumber or licensed master fire suppres- 
sion piping contractor and may practice the trade for which the 
certificate is issued only under the direct and continuing super- 
vision of a licensed master plumber or licensed master fire sup- 
pression piping contractor or, with respect to a city employee 
under the direct and continuing supervision of a supervising 
licensed master plumber or licensed master fire suppression 
piping contractor. 

CITY AGENCY. A city, county, borough, or other office, 
position, administration, department, division, bureau, board 
or commission, or a corporation, institution or agency of gov- 
ernment, the expenses of which are paid, in whole or in part, 
from the city treasury. 

COMBINED STANDPIPE SYSTEM. A standpipe to which 
a sprinkler system is connected or is being connected. 

DIRECT AND CONTINUING SUPERVISION. Response 
ble control exercised by a licensed individual, either personally 
or through one or more, but no more than three, levels of com- 
petent supervision over individuals (i) in the direct employ of 
the licensee, or (ii) in the direct employ of the city agency 
employing the licensee or (iii) in the direct employ of the busi- 
ness performing the actual work of the licensee's trade or the 
actual work permitted by the class of license held by the 
licensee, for which work such licensee assumes full responsi- 
bility. Such control shall be evidenced by such licensee's signa- 
ture, and seal where applicable, upon any required statements, 
applications and/or permits and by demonstrating involvement 
of the licensee in the operations of the business, including hir- 
ing of employees, responsibility for financial matters, and 



oversight of work performance. Direct and continuing supervi- 
sion includes field inspection, supervision of job sites, and the 
maintenance of records of such supervision and such other 
requirements as the commissioner may prescribe by rule for a 
particular license type. 

DIRECT EMPLOY. An individual is in the direct employ of a 
licensee or business or a city agency when such individual is on 
the payroll of such licensee or business or city agency and 
under the usual common law rules applicable in determining 
the employer-employee relationship has the status of an 
employee. The work performed by such employee shall not 
exceed the class of license held by the licensee. Direct employ- 
ment shall be evidenced by payroll records, such as social secu- 
rity payments, income tax withholding or the disbursement of 
other funds as required by law for the benefit of such employee, 
timekeeping records, such as time cards and sign-in sheets, 
work orders, and assignment or route logs. 

FIRE SUPPRESSION PIPING WORK. The installation, 
maintenance, repair, modification, extension, or alteration or 
testing of afire suppression piping system in any building in the 
city of New York. 

FIRE SUPPRESSION PIPING SYSTEM. Any system 
including any and all equipment and materials in connection 
therewith, with the exception of any electrical components that 
must be installed by a licensed electrician pursuant to the New 
York city electrical code, the purpose of which is to control, 
contain, suppress or extinguish fire and shall include: 

1. The systems, materials and equipment described or 
referred to in this code (with the exception of any electri- 
cal components that must be installed by a licensed elec- 
trician pursuant to the New York city electrical code) 
which systems, materials or equipment shall include any 
standpipe system to which a sprinkler system is or is now 
being connected; provided, however, that such systems, 
materials or equipment shall not include any systems, 
materials or equipment constituting plumbing work, 
with the exception of up to thirty sprinkler heads off the 
domestic water in any one building; or 

2. Any dry, liquid or gaseous chemical fire containment, 
suppression, control or extinguishing system or any 
other device or means of control, suppression, contain- 
ment or extinguishing of fire (with the exception of any 
electrical components that must be installed by a 
licensed electrician pursuant to the New York city elec- 
trical code) but not including portable fire extinguishers. 

GENERAL CONTRACTOR. An individual, corporation, 
partnership or other business entity that applies for a permit 
pursuant to this code to construct a new residential structure 
containing no more than three dwelling units. The term "gen- 
eral contractor" shall not be construed to include an individual, 
corporation, partnership or other business entity that holds a 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-55 



LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



license pursuant to this code or subchapter twenty-two of chap- 
ter two of title twenty of the administrative code, and enters into 
a contract to perform work exclusively within the scope of such 
license, nor shall it include an individual who constructs a resi- 
dential structure containing no more than three dwelling units 
for his or her own occupancy, or any subcontractors working 
for the general contractor. 

HIGH-PRESSURE BOILER. A boiler that carries a pressure 
of more than fifteen pounds of steam per square inch and is 
rated in excess of ten horsepower, or that produces hot water 
over a pressure of one hundred sixty pounds per square inch or 
at a temperature over 250°F (121 °C). 

LICENSE. A license, registration, certification or other evi- 
dence, issued by the department pursuant to this chapter, repre- 
senting that an individual, a sole proprietorship, partnership, 
corporation, business association or other person meets the 
qualifications and requirements as set out in this chapter and in 
the rules of the department and is authorized to engage in the 
particular trade, occupation or business as indicated on the 
license and representing that such license, with associated plate 
and/or seal, where applicable, has been renewed as required 
and is currently in effect. The license shall bear the holder's full 
name, the type of license, the license class, where applicable, 
the license number and any restrictions relating to the use of 
such license. Such term shall not include a certificate of compe- 
tence. 

LICENSE BOARD OR BOARD. A panel of trade practitio- 
ners and others appointed by the commissioner as provided 
herein and in rules promulgated by the commissioner with the 
purpose of advising the commissioner regarding the character 
and fitness of applicants for a license or certificate of compe- 
tence, allegations of illegal practices by persons licensed, or 
other matters as the commissioner may see fit. 

LICENSED MASTER FIRE SUPPRESSION PIPING 
CONTRACTOR, MASTER FIRE SUPPRESSION PIP- 
ING CONTRACTOR. An individual who has satisfied the 
requirements of this chapter for the master fire suppression pip- 
ing contractor license, who has been issued a license, plate 
and/or seal, and who is authorized under the provisions of this 
chapter to perform fire suppression piping work in the city of 
New York, according to the classification of license held. A 
master fire suppression piping contractor licensee shall prac- 
tice his or her trade in association with a master fire suppres- 
sion piping contractor business or as an employee of a city 
agency. 

LICENSED MASTER PLUMBER, MASTER 
PLUMBER. An individual who has satisfied the requirements 
of this chapter for the master plumber license, who has been 
issued a license, plate and/or seal, and who is authorized under 
the provisions of this chapter to perform plumbing work in the 
city of New York. A master plumber licensee shall practice his 
or her trade in association with a master plumber business or as 
an employee of a city agency. 

PLATE. A plaque issued by the department to a master 
plumber or a master fire suppression piping contractor setting 
forth the licensee's name and number, the class of license and 
the master plumber business or master fire suppression piping 
contractor business operating pursuant to the plate, and dis- 



played prominently and conspicuously on view to the public at 
the place of business registered with the department. The plate 
is the property of the department and is not transferable by the 
licensee. 

PLUMBING WORK. The installation, maintenance, repair, 
modification, extension or alteration of plumbing, standpipe 
where a sprinkler is not connected or is not now being con- 
nected, domestic water, connections to the domestic water, 
combination domestic water and reserve standpipe supply tank 
up to and including the roof tank check valve, gas piping or any 
piping system referred to in the New York city plumbing code, 
and/or up to thirty sprinkler heads off the domestic water in any 
building in the city of New York. 

PRIVATE ELEVATOR INSPECTION AGENCY. An 

approved agency authorized by the commissioner to operate as 
an independent contractor for the purpose of inspecting and 
testing elevators, escalators and other conveying equipment 
regulated by this code and shall include but shall not be limited 
to an insurance company, elevator maintenance company, ele- 
vator manufacturer or elevator inspection company. 

SEAL. Emblem issued by the department to an applicant for 
some license types, that allows the licensee to stamp docu- 
ments required by this code to be signed and sealed. The seal 
shall bear the full name of the licensee, the license type, the 
license class, where applicable, and the license number. The 
seal is the property of the department and is not transferable by 
the licensee. For applications and other documents submitted 
electronically, the digital signature and imprint of the seal may 
be submitted in a manner authorized by the commissioner. 

SIGN. A sign as defined in section 12-10 of the zoning resolu- 
tion. 

TOTAL BOOM. A boom including jibs and other extensions. 

§28-401.4 Requirement of license. It shall be unlawful for any 
person to engage in or carry on in the city any business, trade or 
occupation regulated by this chapter or to hold himself or her- 
self out as authorized to engage in or carry on such activity, 
without having first obtained a license from the commissioner 
in accordance with and subject to the provisions of this chapter 
and the rules of the department. A license issued by the depart- 
ment for any such business, trade or occupation prior to the 
effective date of this code, shall remain in full force and effect 
until the expiration or termination thereof in accordance with 
the terms thereof, unless sooner revoked or suspended for 
cause as hereinafter provided. Any renewal of such license 
shall be in accordance with the provisions of this code. 

§28-401.5 Application and conditions. Every application for 
a license or certificate of competence shall be made in such 
form and shall be accompanied by such information as the 
commissioner may prescribe, and by the required fee. It is a 
condition of the license or certificate of competence that infor- 
mation in the application be kept correct and current. Any 
change in required information shall be reported to the depart- 
ment within fourteen days after any change prior to issuance of 
the license or certificate of competence or within thirty days 
after any change following issuance. 

§28-401.6 Qualifications of applicant. All applicants for a 
license or certificate of competence shall be at least 1 8 years of 



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LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



age, shall be able to read and write the English language, shall 
be of good moral character, and shall meet additional qualifica- 
tions that may be prescribed for the particular license or certifi- 
cate of competence. 

§28-401.7 Examination of applicant. Except as otherwise 
specified for the particular license type, applicants for a license 
shall be required to take an examination in accordance with the 
rules of the department. Every applicant shall commence the 
license application process with the department within one 
year of passing the examination for licensure and shall furnish 
to the department a completed license application within one 
year of submission of the first filing. Failure to provide all 
requested documents in a timely manner will constitute an 
incomplete application and may result in denial of the license. 

§28-401.8 Investigation of applicant. Every applicant for a 
license or certificate of competence shall submit to investiga- 
tion as directed by a governmental entity in order to determine 
the applicant's character and fitness. The applicant shall fur- 
nish the department with payment for the actual cost of con- 
ducting a background investigation. Failure to provide all 
requested and completed documents in a timely fashion will 
constitute an incomplete application and will result in a denial 
of the license or certificate of competence. 

§28-401.9 Insurance. Except as noted otherwise for a particu- 
lar license, or exempted by the commissioner pursuant to rule, 
prior to the issuance of a license, or during the renewal thereof, 
the applicant shall file with the department (i) satisfactory evi- 
dence of a general liability insurance policy in the amount of 
one million dollars or such other amount as the commissioner 
may require, listing the New York city department of buildings 
as the certificate holder; and (ii) satisfactory evidence of an 
insurance policy for property damage in an amount set forth in 
rules and conditioned upon the observance of all applicable 
laws and rules governing the licensed activities and upon the 
payment of any applicable judgment awarded for damage to or 
destruction of property occurring in the performance of any 
regulated work by or under the supervision of the license 
holder. Each policy of insurance shall contain a provision for 
continuing liability notwithstanding any recovery under such 
policy. In addition, prior to the issuance of any license or seal 
and plate, if applicable, or during any renewal thereof, the 
applicant shall file with the department satisfactory evidence of 
compliance with the workers' compensation law and the dis- 
ability benefits law. 

§28-401.10 Issuance of license, plate and/or seal, where 
applicable, or certificate of competence. The commissioner 
shall issue a license or certificate of competence to each appli- 
cant who shall have submitted satisfactory evidence of his or 
her qualifications, and shall have satisfactorily passed all 
required examinations and investigations, provided that no 
license or certificate of competence shall be issued unless and 
until the applicant shall have paid the required fee and com- 
plied with such other and further requirements for the particu- 
lar license or certificate of competence as may be set forth in 
this chapter and in rules promulgated by the department. All 
licenses or certificates of competence issued by the commis- 
sioner shall have his or her signature affixed thereto; but the 



commissioner may authorize any subordinate to affix such sig- 
nature. For licenses that require a plate and/or the application of 
a seal, the plate and/or seal shall be issued with the license 
except as provided otherwise in this chapter. The license, plate 
and seal are the property of the department and are not transfer- 
able by the licensee. No licensee shall make or cause to be 
made duplicates of a department-issued license, plate or seal. 
The loss or theft of a license, plate or seal must be reported to 
the department within five calendar days. 

§28-401.11 Term of license. All licenses issued by the com- 
missioner for which an examination is required shall expire 
three years from the date of issuance thereof, and may be 
renewed every three years thereafter without examination. The 
commissioner shall have authority to stagger the issuance of 
licenses for three-year terms. All licenses not requiring exami- 
nation shall expire one year from the date of issuance thereof, 
and may be renewed each year thereafter except as otherwise 
noted for a specific license. 

§28-401.12 Renewal of license or certificate of competence. 

Applications for renewal of a license or certificate of compe- 
tence shall be accompanied by the renewal fee and such addi- 
tional information as the commissioner may require, and shall 
be made at least 30 calendar days but not more than 60 calendar 
days prior to the expiration date of same. The failure of an indi- 
vidual to renew his or her license or certificate of competence 
shall have the effect of cancellation of the license or certificate 
of competence upon expiration, and the holder of a plate and/or 
seal issued by the department shall immediately surrender such 
plate and/or seal to the department. A person who fails to renew 
a license or certificate of competence within the time period set 
forth in this section 28-401.12 may apply for reinstatement of 
such license pursuant to section 28-401.13. The department 
may, following notice and an opportunity to be heard, refuse to 
renew a license or certificate of competence on any grounds on 
the basis of which it could deny, suspend or revoke such 
license. 

§28-401.13 Reinstatement. If a license or certificate of com- 
petence expires, the individual may apply for reinstatement of 
the license or certificate of competence, within one year of the 
date of its expiration without examination but subject to appli- 
cable late and reinstatement fees. Thereafter, and up to five 
years after the date of expiration, the commissioner may rein- 
state the license or certificate of competence without examina- 
tion upon the applicant's demonstration to the commissioner's 
satisfaction of continued competence in the respective trade 
and satisfaction of any applicable continuing education 
requirements. A license or certificate of competence shall not 
be reinstated after five years from date of expiration. 

§28-401.14 Continuing education. The commissioner may 
promulgate rules to require applicants for the renewal of 
licenses or certificate of competence to complete a prescribed 
number of hours of continuing education courses approved by 
the department within the term preceding the application for 
renewal and to provide proof of same in a form acceptable to 
the department. Such proof, when required, shall be submitted 
with the application for renewal. 

§28-401.15 Schedule of fees. 



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LICENSE TYPE 


INITIAL 
FEE 


RENEWAL 
FEE 


ADDITIONAL FEES 


Master rigger license 


$200 


$150 
triennially 


Late-renewal fee. $50 
Reissuance fee: $50 


Special rigger license 


$100 


$75 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


Basic hoisting machine operator license (Class A) 


$150 


$150 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


Basic hoisting machine operator license with endorsement to 
operate hoisting machinery without limitation or restriction 
(Class B) 


$200 


$150 
triennially 


Late-renewal fee $50. 
Reissuance fee: $50. 


Special hoisting machine operator license (Class C) 


$100 


$75 
triennially 


Late-renewal fee $50. 
Reissuance fee: $50. 


Concrete testing laboratory license 


$100 


$75 
annually 


Late-renewal fee. $50 
Reissuance fee: $50 


Welder license 


$50 


$45 
triennially 


Late-renewal fee. $50 
Reissuance fee: $50 


Master plumber license (certificate of competence) 


$200 


$150 
triennially 


Late-renewal fees: 

Up to 30 days late, $50; 

From 3 1 days to five years late, $ 1 00 for each year or part thereof 

Reissuance fee: $50 


Master plumber license plate 


$75 


$100 
triennially 


Replacement fee upon loss of plate, w/affidavit: $100 


Master plumber license seal 


$50 


$75 
triennially 


Replacement fee upon loss of seal, w/affidavit: $75 


Journeyman plumber registration 


$50 




No renewal, no reissuance 


Master fire suppression piping contractor (class A, B or C) 
license (certificate of competence) 


$200 


$150 
triennially 


Late-renewal fees: 

Up to 30 days late, $50; 

From 31 days to five years late, $100 for each year or part thereof 

Reissuance fee: $50 


Master fire suppression piping contractor (class A, B or C) 
license plate 


$75 


$100 
triennially 


Replacement fee upon loss of plate, w/affidavit: $100 


Master fire suppression piping contractor (class A, B or C) 
license seal 


$50 


$75 
triennially 


Replacement fee upon loss of seal, w/affidavit: $75 


Journeyman fire suppression piping installer registration 


$50 




No renewal, no reissuance 


Oil-burning equipment installer. License (class A or B) 


$100 


$75 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


High-pressure boiler operating engineer license 


$50 


$45 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


Portable high-pressure boiler operating engineer license 


$50 


$45 
triennially 


Renewal fee includes renewal fee for a hoisting machine operator 
license. 

Late-renewal fee $50 
Reissuance fee: $50 


Master sign hanger license 


$100 


$75 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


Special sign hanger license 


$100 


$75 
triennially 


Late-renewal fee $50 
Reissuance fee: $50 


Outdoor advertising company registration 


As 

provided 

by dept 

rules 


As provided 
by dept rules 


As provided by dept rules 


Filing representative registration 


$50 


$50 
annually 


Late-renewal fee $50 
Reissuance fee: $50 


Reinstatement of expired license, certificate of competence 
or certification without examination, if approved by 
commissioner, in addition to applicable renewal fees 


Same as 
initial 
license 




$100 for each year or part thereof from date of expiration 


Site safety coordinator certificate 


$100 


$50 


Late-renewal fee $50 


Site safety manager certificate 


$300 


$150 


Late-renewal fee $50 


General contractor registration 


$200 


$160 
biennially 


Late-renewal fee $ 1 60 


Tower crane rigger license 


$150 


$50 
triennially 


Late-renewal fee $20 



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§28-401.16 Restrictions on use of license. No holder of a 
license issued under this chapter shall authorize, consent to or 
permit the use of his or her license by or on behalf of any other 
person, and no person who has not qualified and obtained or 
renewed a license under this chapter shall hold himself or her- 
self out to the public as licensed, certified, registered or as the 
holder of a license issued under this chapter, either directly or 
indirectly, by means of signs, sign cards, plates, stationery, or 
in any other manner whatsoever. 

§28-401.17 Use on behalf of a business. Except for such addi- 
tional requirements as may be set forth for a particular license, 
nothing in this chapter shall be construed to prohibit the use of a 
license by the holder thereof for or on behalf of a partnership, 
corporation or other business association, provided that: 

1. At least one member of the partnership or at least one 
officer of the corporation is licensed for the same busi- 
ness, trade or occupation, and that all work performed by 
such partnership or corporation is performed by or under 
the direct and continuing supervision of such license 
holder or holders; or 

2. Such partnership, corporation or other business associa- 
tion is itself authorized to engage in such business as pre- 
scribed herein. 

§28-401.17.1 Use on behalf of a city agency. Nothing in 
this chapter shall be construed to prohibit the holder of a 
license who is an employee of a city agency from using such 
license to practice the trade for which such license is issued 
for or on behalf of such city agency in the course of such 
employment except as otherwise limited pursuant to articles 
408 and 4 1 of this chapter for licensed master plumber and 
licensed master fire suppression piping contractor licens- 
ees. 

§28-401.18 New York city location required. Except as oth- 
erwise noted for a particular license, the holder of a license, 
other than an employee of a city agency, shall have or be 
employed by a business entity that has an established place of 
business with an address within the city of New York at which 
such person can be contacted by the public and the department 
by mail, telephone or other modes of communication. A post 
office box is not an acceptable address. 

§28-401.19 Suspension or revocation of license or certifi- 
cate of competence. The commissioner shall have the power to 
suspend or revoke a license or certificate of competence and/or 
to impose a fine not to exceed twenty-five thousand dollars for 
each finding of violation, and/or to order any holder thereof to 
repair damage resulting from any act or omission as set forth in 
this chapter or in rules, for any of the following: 

1 . Fraud or deceit in obtaining or renewing a license, plate 
or seal, certificate of competence, certification, regis- 
tration, or permit; 

2. The making of a material false or misleading statement 
on any form or report filed with the department or other 
governmental entity; 

3. The failure to file a statement, report or form required 
by law to be filed; 



4. Willfully impeding or obstructing the filing of a state- 
ment, report or form of another required by law to be 
filed; 

5. Fraudulent dealings; 

6. Negligence, incompetence, lack of knowledge, or dis- 
regard of this code and related laws and rules; 

7. Failure to comply with this code or any order, rule, or 
requirement lawfully made by the commissioner 
including failure to cooperate with investigations 
related to the trade for which the individual is licensed 
conducted by the commissioner or other government 
entity; 

8. Failure to comply with any order, rule, regulation or 
requirement lawfully made by the commissioner of 
environmental protection or commissioner of transpor- 
tation pertaining to water services, house connections 
street openings, street/lane closures or sidewalk clo- 
sures that relate to requirements of this code; 

9. A practice or pattern of failing timely to perform or 
complete contracts relating to home improvements as 
defined by section 20-386 of the administrative code or 
a practice of abandoning contracts on residential build- 
ings containing four dwelling units or less; 

10. Failure to provide documents, including payroll 
records, workers compensation or other insurance doc- 
uments, employee timekeeping records and corporate 
tax returns, required by the commissioner; 

1 1 . Engaging or assisting in any act that endangers the pub- 
lic safety and welfare; 

12. Conviction of a criminal offense where the underlying 
act arises out of the individual's professional dealings 
with the city or any other governmental entity; 

13. Poor moral character that adversely reflects on his or 
her fitness to conduct work regulated by this code; or 

14. Failure to pay outstanding fines, penalties, or fees 
related to the individual's professional dealings with 
the city or any other governmental entity. 

15. With respect to general contractor registration, upon a 
finding that the applicant or registrant or a business 
entity in which one of the applicant's or registrant's 
principals, officers or directors is a principal, officer or 
director has engaged in any of the acts set forth in items 
1 through 14 or any of the following: 

15.1. Fraud, misrepresentation or bribery in securing 
a sign-off of work or a temporary or permanent 
certificate of occupancy. 

15.2. A practice on the part of the registrant of failure 
to timely perforin or complete its contracts for 
the construction of new residential structures 
containing no more than three dwelling units, 
or the manipulation of assets or accounts, or 
fraud or bad faith. 

15.3. Approval or knowledge on the part of the regis- 
trant of an act of omission, fraud, or misrepre- 
sentation committed by one or more agents or 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



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LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



employees of the registrant, and failure to 
report such act to the department. 

15.4. The applicant or registrant, or any of its princi- 
pals, officers or directors, or any of its stock- 
holders owning more than ten percent of the 
outstanding stock of the corporation has been 
convicted of a crime which, in accordance with 
article twenty-three-a of the correction law, is 
determined to have a direct relationship to such 
person's fitness or ability to perform any of the 
activities for which a registration is required 
under this article. 

15.5. The applicant or registrant, or any of its princi- 
pals, officers or directors has been or is a princi- 
pal, officer or director of a registered general 
contractor whose registration has been 
revoked. 

28-401.19.1 Notice and hearing. The commissioner shall 
not revoke or suspend a license or certificate of competence 
for any cause or impose any other sanction on a licensee 
unless and until the holder has been given at least five calen- 
dar days prior written notice and an opportunity to be heard. 
However, when the public safety may be imminently jeop- 
ardized the commissioner shall have the power, pending a 
hearing and determination of charges, to forthwith suspend 
any license for a period not exceeding five working days. 

§28-401.19.2 Surrender of plate or seal. Upon surrender, 
suspension or revocation of a license for which the depart- 
ment has also issued a plate or seal, the license and such 
plate and/or seal shall be immediately surrendered to the 
department. 

§28-401.19.3 Reinstatement fees. The fees required for the 
reinstatement of a certificate of competence or license, plate 
or seal after suspension shall be the same as those required 
to obtain an original document. If reinstatement of the cer- 
tificate of competence, license, plate or seal is not requested 
within 30 days of the lifting of the suspension, then late fees 
shall be imposed in accordance with article 119 of chapter 1 
of this title. 

§28-401.19.4 Mandatory suspension or revocation. The 

commissioner shall immediately suspend or revoke a 
license issued pursuant to this code as set forth below. Noth- 
ing in the following sections shall be construed to limit the 
commissioner's power to revoke or suspend licenses in 
other circumstances. 

§28-401.19.4.1 Rigger license. Any licensed rigger who 
has been found guilty after proceedings before the envi- 
ronmental control board or other adjudicative proceed- 
ings of violating section 28-404.1 or 28-404.9 of the 
administrative code or section 3314.10 of the New York 
city building code, or of failing to insure that workers 
have certificates of fitness required pursuant to this code 
or applicable rule three times within any six -month 
period, shall be subject to immediate suspension of his or 
her license pending a hearing and determination in 
accordance with the provisions of this code. 



§28-401.19.4.2 General contractor registration. Any 

registered general contractor who has defaulted at or 
been found liable after proceedings before the environ- 
mental control board or in an adjudication in criminal 
court of violations of any provisions of this code relating 
to a stop work order, public health or safety, structural 
integrity, building in compliance with approved con- 
struction documents or fire safety three times within any 
twenty-four-month period shall be subject to immediate 
suspension of his or her registration, pending a hearing 
and determination at OATH. 

§28-401.20 Cooperation required. Any person, including 
any corporation, partnership, business or other entity, issued a 
license or certificate of competence by the department shall, 
pursuant to a request or order of the commissioner or any other 
city agency or office, cooperate fully and completely with 
respect to any department or city agency or office investigation. 
Evidence of cooperation shall include, but is not limited to, 
appearing before the department or other city agency or office, 
answering questions completely and accurately, and providing 
any and all requested documents. Failure to comply with such 
request or order may subject such person to disciplinary mea- 
sures authorized by law, including but not limited to suspension 
or revocation of the license or certificate of competence. 

§28-401.20.1 Service of request or order. Such request or 
order by the commissioner or other city agency or office 
shall be mailed by regular mail to the person named therein 
to his or her last known business or home address at least ten 
days before such appearance and shall contain the name of 
the person, date, time and place of such appearance and, if 
known or applicable, a description of any requested docu- 
ments. If the appearance or information is required immedi- 
ately, the request or order may be transmitted via facsimile 
or delivered to the person's last known business or home 
address prior to the date and time specified therein. 

§28-401.21 Judicial review of determinations. Notwith- 
standing any other provision of law to the contrary, decisions, 
orders and interpretations of the commissioner made pursuant 
to this chapter shall not be subject to review by the board of 
standards and appeals. Final decisions and orders of the com- 
missioner made pursuant to this chapter shall be subject to 
review pursuant to article 78 of the civil practice law and rules. 



ARTICLE 402 
SITE SAFETY MANAGER CERTIFICATE 

§28-402.1 Certificate required. It shall be unlawful to per- 
form the duties and responsibilities of a site safety manager as 
specified in chapter 33 of the New York city building code 
unless such work is performed by a person certified as a site 
safety manager under the provisions of this article. 

§28-402.2 Qualifications. All applicants for a site safety man- 
ager certificate shall submit satisfactory proof establishing that 
the applicant: 

1. Is a registered design professional and has had three 
years of experience supervising major buildings as that 
term is defined in chapter 33, and within one year prior to 



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LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



application has satisfactorily completed a 8-hour course 
approved by the department; 

2. Has eight years of construction supervision experience 
within the 10 years prior to application, including five 
years supervising major buildings as that term is defined 
in chapter 33, and within one year prior to application has 
satisfactorily completed a 40-hour course approved by 
the department; 

3. Has completed an 1 8 month on-the-job training program 
working on major buildings as that term is defined in 
chapter 33 under the direct and continuing supervision of 
a certified site safety manager. Such on-the-job training 
program shall conform to rules promulgated by the 
department. The supervising site safety manager shall 
certify the trainee's satisfactory completion of the train- 
ing program. In addition, the applicant shall provide 
proof that, within one year prior to the date of applica- 
tion, he or she has satisfactorily completed a 40-hour 
course approved by the department; 

4. Has equivalent education and construction experience as 
determined by the department and within one year prior 
to application has satisfactorily completed a 40-hour 
course approved by the department; or 

5. Has three years of experience as a certified site safety 
coordinator and within one year prior to application has 
satisfactorily completed a 40-hour course approved by 
the department. 



ARTICLE 403 
SITE SAFETY COORDINATOR CERTIFICATE 

§28-403.1 Certificate required. It shall be unlawful to per- 
form the duties and responsibilities of a site safety coordinator 
as specified in chapter 33 of the New York city building code 
unless such work is performed by a person certified as a site 
safety coordinator under the provisions of this article. 

§28-403.2 Qualifications. All applicants for a site safety coor- 
dinator certificate shall submit satisfactory proof establishing 
that the applicant: 

1 . Is a registered design professional and has had two years 
of experience supervising major buildings as that term is 
defined in chapter 33, and within one year prior to appli- 
cation has satisfactorily completed an 8-hour course 
approved by the department; 

2. Has five years of construction supervision or construc- 
tion safety experience within the 10 years prior to appli- 
cation, including three years supervising major buildings 
as that term is defined in chapter 33, and within one year 
prior to application has satisfactorily completed an 
8-hour course approved by the department; or 

3. Has equivalent education and construction experience as 
determined by the department and within one year prior 
to application has satisfactorily completed a 40-hour 
course approved by the department. 



ARTICLE 404 
RIGGER LICENSE 

§28-404.1 Rigger license required. It shall be unlawful to 
hoist or lower any article on the outside of any building in the 
city unless such work is performed by or under the direct and 
continuing supervision of a person licensed as a rigger under 
the provisions of this article. The provisions of this article shall 
apply to the erection or dismantling of a tower crane or a 
climber crane on a building and to the use of a derrick in their 
removal, except that such erection or dismantling may be per- 
formed by or under the direct and continuing supervision of a 
licensed climber or tower crane rigger in accordance with rules 
promulgated by the department. 

Exception: The provisions of this article shall not apply to 
the hoisting or lowering of signs if the person so doing pos- 
sesses a license as a sign hanger, as provided in this chapter, 
or to the loading or unloading of any building materials or 
equipment, other than boilers and tanks, from a delivery 
truck. 

§28-404.2 Classification. Such licenses shall be classified as 
follows: 

1. Master rigger license. Authorizes the holder thereof to 
hoist or lower any article, irrespective of weight, on the 
outside of any building. 

2. Special rigger license. Authorizes the holder thereof to 
hoist or lower any article not exceeding 2,000 pounds 
(907 kg) in weight on the outside of any building. 

3. Climber or tower crane rigger license. Authorizes the 
holder thereof to erect or dismantle a tower crane or a 
climber crane on a building and to use a derrick in their 
removal. 

§28-404.3 Additional qualifications. Applicants for a rigger 
license shall have the additional qualifications as set forth in 
sections 28-404.3.1 through 28-404.3.3. 

§28-404.3.1 Master rigger qualifications. All applicants 
for a master rigger license shall submit satisfactory proof 
establishing that the applicant: 

1. Has had at least five years of practical experience in 
the hoisting and rigging business within the seven 
years prior to application; and 

2. Has knowledge of and is able to explain the risks inci- 
dent to such business and precautions to be taken in 
connection therewith, safe loads and computation 
thereof, types of rigging, size and strength of ropes, 
cables, blocks, poles, derricks, sheerlegs and other 
tools used in connection with such business. 

§28-404.3.2 Special rigger qualifications. All applicants 
for a special rigger license shall submit satisfactory proof 
establishing that the applicant: 

1 . Has had at least one year of practical experience in the 
hoisting and rigging business within the three years 
prior to application; and 

2. Has knowledge of and is able to explain the risks inci- 
dent to such business and precautions to be taken in 
connection therewith. 



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§28-404.3.3 Climber or tower crane rigger qualifica- 
tions. AH applicants for a climber or tower crane rigger 
license shall submit satisfactory proof establishing that the 
applicant: 

1. Has had at least five years of practical experience in 
the climber or tower crane rigging business within the 
seven years prior to application; and 

2. Has knowledge of and is able to explain the risks inci- 
dent to such business and precautions to be taken in 
connection therewith, including connecting pins, 
cables, anchorage, platform or pad, plumb of mast, 
torque of bolts, supervision of rigging and hoisting of 
loads, placement of components, and coordination of 
sequencing. 

§28-404.4 Additional requirements. The additional require- 
ments set forth in sections 28-404.4. 1 through 28-404.4.3 shall 
apply to riggers: 

§28-404.4.1 Danger warning. Every licensed master or 
special rigger shall, while rigging operations are in progress 
at a job site, place, conspicuously, at such job site two plates 
or signs not less than 18 inches (457 mm) by 24 inches (610 
mm) in size (i) displaying the word "danger" in letters not 
less than 6 inches (152 mm) high, and (ii) disclosing the rig- 
ger's name, business address, type of rigger license and 
license number. 

§28-404.4.2 Master rigger place of business. Every 

licensed master rigger shall have a place of business within 
the city and shall display prominently at such place of busi- 
ness a plate or sign marked with the words "master rigger" 
and his or her license number immediately thereunder. 

§28-404.4.3 Fitness to perform work. As a condition of 
license renewal, a licensed master or special rigger shall 
provide evidence satisfactory to the department that such 
licensee is fit to perform the work. 



ARTICLE 405 
HOISTING MACHINE OPERATOR LICENSE 

§28-405.1 Hoisting machine operator license required. It 

shall be unlawful for any persons to take charge of or operate 
any power-operated hoisting machine used for hoisting pur- 
poses or cableways under the jurisdiction of the department, 
except power-operated scaffolds and window- washing 
machines, unless such person is licensed under the provisions 
of this article or is a holder of a certificate of qualification as a 
hoisting machine operator issued prior to December 6, 1968 
and not allowed to lapse. 

Exceptions: 

1 . The commissioner may, by rule, exempt operators of 
mobile cranes of limited size and capacity from the 
requirements of this article. 

2. The provisions of this article shall not apply to 
machines under one ton capacity. 



§28-405.2 Classification. Hoisting machine operator licenses 
shall be classified as follows: 

1. Class A license: Basic license to operate cranes with 
total boom less that 200 feet (60 960 mm) in length, der- 
ricks and cableways, excluding truck-mounted tower 
cranes that exceed 200 feet (60 960 mm) in height. 

2. Class B license: Endorsement on basic license to include 
the operation of hoisting machinery without limitation or 
restriction. 

3. Class C license: Special hoisting machine operator 
license to operate a specified class of hoisting machine of 
limited size and capacity as follows: 

Class CI: License to operate wheel mounted cranes 
(single control station) with telescoping, hydraulic or 
folding booms, including jibs and any other exten- 
sions to the boom, not exceeding 200 feet in length 
(60 960 mm) with a manufacturer's rated capacity of 
50 tons (51 t) or less; 

Class C2: License to operate boom trucks with tele- 
scoping, hydraulic or folding booms, including jibs 
and any other extensions to the boom, not exceeding 
200 feet (60 960 mm) in length with a manufacturer's 
rated capacity of 50 tons (51 t) or less; 

Class C3: License to operate boom trucks with tele- 
scoping, hydraulic or folding booms, including jibs 
and any other extensions to the boom, not exceeding 
135 feet (41 148 mm) in length with a manufacturer's 
rated capacity of three tons or less, used exclusively 
for the erection, maintenance or removal of signs. 

§28-405.3 Additional qualifications. Applicants for a hoist- 
ing machine operator license shall have the following addi- 
tional qualifications. 

§28-405.3.1 Class A license. All applicants for a class A 
basic hoisting machine operator license shall have had at 
least three years experience within the five years prior to 
application under the direct and continuing supervision of a 
licensed hoisting machine operator. 

§28-405.3.2 Class B license. All applicants for a class B 
hoisting machine operator license shall hold a class A basic 
hoisting machine operator license, and shall have had at 
least two years experience prior to application under the 
direct and continuing supervision of a Class B licensed 
hoisting machine operator operating the equipment for 
which they are applying for endorsement and shall satisfac- 
torily demonstrate by operation that they are competent to 
operate a crane with a boom, including jibs and other exten- 
sions, exceeding 200 feet (60 960 mm) in length or 
truck-mounted tower crane exceeding 200 feet (60 960 mm) 
in height, or as otherwise provided in rules of the depart- 
ment. 

§28-405.3.3 Class C license. All applicants for a class C 
special hoisting machine operator license shall have had at 
least two years experience within the three years prior to 
application under the direct and continuing supervision of a 



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licensed hoisting machine operator and have satisfactorily 
passed a practical examination in the operation of equip- 
ment for which such license is to be issued. 

§28-405.4 Fitness to perform work. As a condition of license 
renewal, a licensed hoisting machine operator shall provide 
evidence satisfactory to the department that he or she is fit to 
perform the work. 

§28-405.5 Insurance exemption. Unless otherwise required 
by rule, licensed hoisting machine operators are exempt from 
the insurance requirements of section 28-401.9. 



ARTICLE 406 
CONCRETE TESTING LABORATORY LICENSE 

§28-406.1 Concrete testing laboratory license required. 

Testing of concrete required by this code or other applicable 
laws or rules shall be conducted by a concrete testing labora- 
tory licensed in accordance with this article. 

§28-406.2 Qualifications. All applicants for a concrete testing 
laboratory license shall maintain a laboratory within 50 miles 
(80 467 m) of the city and shall submit satisfactory proof estab- 
lishing that the business is conducted by qualified personnel in 
accordance with procedures, safety requirements and profes- 
sional standards as set forth in rules of the department. The 
department shall inspect an applicant's place of business and 
equipment and conduct an investigation of applicant's person- 
nel in a manner to be set forth in department rules prior to the 
issuance or renewal of a license. 

§28-406.3 Additional requirements. The following addi- 
tional requirements shall apply to concrete testing laboratories: 

§28-406.3.1 Director. Each laboratory shall have in respon- 
sible charge a director who shall be a registered design pro- 
fessional and who shall personally supervise all technical 
functions of the laboratory relating to testing of concrete 
and. concrete materials as required in this code and in rules 
of the department. 

§28-406.3.2 Certification of reports by director. The 

director shall certify the truth and accuracy of all reports 
filed by the laboratory under the provisions of this code or 
other applicable laws and rules. 

§28-406.4 No examination required. An examination shall 
not be required for a concrete testing laboratory license. 



ARTICLE 407 
WELDER LICENSE 

§28-407.1 Welder license required. It shall be unlawful to 
perform manual welding work on any structural member of any 
building in the city unless such work is performed by a person 
licensed as a welder under the provisions of this article. 

§28-407.2 Qualifications. All applicants for a welder license 
shall submit satisfactory proof of the applicant's fitness to 
make structural welds, including his or her ability to pass oper- 
ator qualification tests as determined by the commissioner. 



§28-407.3 Fitness to perform work. As a condition of license 
renewal, a licensed welder shall provide evidence satisfactory 
to the department that such licensee is fit to perform the work. 

§28-407.4 Insurance exemption. Unless otherwise required 
by rule, licensed welders are exempt from the insurance 
requirements of section 28-401.9. 



ARTICLE 408 
MASTER PLUMBER LICENSE 

§28-408.1 Master plumber license required. It shall be 
unlawful for any person: 

1. To perform plumbing work unless such person is a 
licensed master plumber or working under the direct and 
continuing supervision of a licensed master plumber 
except that a city employee who holds a master plumber 
license may only perform replacement, maintenance and 
repair plumbing work on existing buildings in the course 
of his or her employment. 

2. To use the title licensed master plumber, master plumber 
or any other title in such manner as to convey the impres- 
sion that such person is a licensed master plumber unless 
such person is licensed as such in accordance with the 
provisions of this article. 

§28-408.2 Seal. All documents that are required to be filed 
with any department or agency of the city of New York shall 
bear the stamp of the seal as well as the signature of the 
licensee. The licensed master plumber performing the work 
and services shall personally sign and seal all applications and 
other documents required to be filed pursuant to this code. 

§28-408.3 Additional qualifications. Applicants for a master 
plumber license shall have the following additional qualifica- 
tions: 

§28-408.3.1 Experience. All applicants for a master 
plumber license shall submit satisfactory proof establishing 
that the applicant: 

1. Has had at least seven years total experience within 
the 10 years prior to application in the design and 
installation of plumbing systems under the direct and 
continuing supervision of a licensed master plumber 
in the United States, with at least two years of such 
experience as a registered journeyman plumber in 
accordance with the provisions of article 409, except 
that during the three years immediately following the 
effective date of this code there shall be no require- 
ment for such registered journeyman plumber experi- 
ence; 

2. Has received a bachelor's degree in engineering or 
appropriate engineering technology from an accred- 
ited college or university and has had at least five 
years total experience within the seven years prior to 
application in the design and installation of plumbing 
systems under the direct and continuing supervision 
of a licensed master plumber in the United States, 
where at least two years of such experience were in 
New York city; 



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3. Is an architect or engineer with at least three years of 
experience within the five years prior to application in 
the design and installation of plumbing systems under 
the direct and continuing supervision of a licensed 
master plumber in the United States, where at least 
one year of such experience was in New York city; or 

4. Has had at least seven years total experience within 
the 10 years prior to application, with at least two 
years of such experience working in the design and 
installation of plumbing systems under the direct and 
continuing supervision of a licensed master plumber 
in the United States. The balance of such required 
experience may be obtained by performing mainte- 
nance, replacement and repair plumbing work on 
existing buildings while in the employ of a city 
agency under the direct and continuing supervision of 
a licensed master plumber supervisor employed by 
the city agency. Three years after the effective date of 
this code the two years experience in the design and 
installation of plumbing systems set forth above may 
only be satisfied by working as a registered journey- 
man plumber. 

5. An employee of a government agency, private 
inspection agency or other entity, acceptable to the 
commissioner, whose duties primarily involve the 
inspection of plumbing work for compliance with the 
New York city plumbing code and/or other laws relat- 
ing to the installation, alteration or repair of plumbing 
systems shall be credited with fifty percent (50%) of 
the number of years that he or she has been satisfacto- 
rily employed in such duties within the ten (10) year 
period prior to application, which, however, in no 
event, shall exceed two and one-half (2'/ 2 ) years 
credit of satisfactory experience. The balance of the 
required seven years must have been obtained by 
working in the design and installation of plumbing 
systems under the direct and continuing supervision 
of a licensed master plumber in the United States 
except that the requirement of paragraph 1 of this sec- 
tion 28-408.3.1 that an applicant's working experi- 
ence must have been within the ten (10) year period 
prior to application shall not apply to such balance of 
the work experience required pursuant to this para- 
graph. 

§28-408.3.2 Armed services. Applicants who were 
engaged in plumbing work as above provided prior to enter- 
ing the armed services of the United States shall be permit- 
ted to credit their time in the service as experience in the 
plumbing business, as above provided; but such service 
credit shall not exceed one-third of the time required for 
experience. 

§28-408.4 Certificate of competence and license, plate 
and/or seal. The commissioner shall issue a certificate of com- 
petence, license, plate, and/or seal, in accordance with the fol- 
lowing: 

§28-408.4.1 Certificate of competence. A certificate of 
competence shall be issued by the commissioner to an appli- 
cant who satisfactorily complies with the experience and 



examination requirements of this chapter for a 1 icense, upon 
payment of the fee. Such certificate shall contain the full 
name of the individual and a certificate number, the date of 
issuance, and shall be signed by the commissioner. 

§28-408.4.2 Effect of issuance. The issuance of a certifi- 
cate of competence shall constitute evidence that the person 
named therein is qualified upon payment of applicable fees 
to obtain a plate and seal while the certificate is valid except 
that a city employee while in the employ of the city shall 
only be entitled to obtain a seal. 

§28-408.4.3 Plate and/or seal required. The holder of a 
certificate shall not be entitled to perform work or hold him- 
self or herself out to perform work as a licensed master 
plumber until such plate and/or seal have been obtained. 
Further, no holder of a certificate of competence shall enter 
into any contractual agreement to install or alter any plumb- 
ing, gas piping, or any piping system, other than an employ- 
ment agreement with a master plumber business or a city 
agency. 

§28-408.4.4 Effect of failure to obtain plate and/or seal. 

If a holder of a certificate of competence has held the certifi- 
cate for five years without a plate and/or seal, then the com- 
missioner may require said person to submit an affidavit and 
supporting documentation satisfactory to the department 
stating that over the five-year period the individual has been 
engaged in the design and installation of plumbing systems 
in the United States under the direct and continuing supervi- 
sion of a licensed master plumber. If the holder's qualifica- 
tions are not satisfactory to the commissioner, the 
commissioner may require such person to submit to reex- 
amination or to provide evidence of retained proficiency. In 
addition, additional fees will be due as set forth in this chap- 
ter. 

§28-408.4.5 Requirement for obtaining plate and /or 
seal. A holder of a certificate of competence shall obtain: 

1. A license, plate and seal upon establishing a master 
plumbing business conforming to the requirements of 
this article and rules promulgated by the department; 
or 

2. A license and seal upon demonstrating employment 
with a city agency. The license shall clearly state: 
"The bearer of this master plumber license is a gov- 
ernment employee and as such is not authorized to 
engage in plumbing contract work outside of his/her 
government employment and within such govern- 
ment employment shall only engage in maintenance, 
replacement and repair plumbing work on existing 
buildings." No plate shall be issued to a licensed mas- 
ter plumber employed by a city agency. 

§28-408.4.6 Issuance. A certificate of competence or a 
license, plate, and/or seal as a master plumber shall be 
issued only to an individual. 

§28-408.4.7 Duplication prohibited. Not more than one 
license, plate and/or seal shall be issued to an individual and 
no individual shall make or cause to be made a duplicate of 
such license, plate or seal. 



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§28-408.5 Surrender of license, plate or seal. Upon the death 
or the retirement of a licensed master plumber, or upon the sur- 
render, revocation or suspension of his or her license, his or her 
license, plate and/or seal shall immediately be surrendered to 
the commissioner. Nothing contained herein shall be construed 
to prevent the legal representative of a deceased licensee, with 
the consent of the commissioner, from retaining such plate and 
seal for the purpose of completing all unfinished work of the 
deceased licensee for which plans have been approved and a 
permit issued, provided such work is performed by or under the 
direct and continuing supervision of a licensed master plumber 
and is completed within one year from the date of the death of 
the original licensee. 

§28-408.6 Master plumber business. No individual, corpora- 
tion, partnership or other business association shall conduct a 
plumbing contracting business in the city of New York, or 
employ the name "plumber" or "plumbing" in its business 
name unless such business is a master plumber business as fol- 
lows: 

1. No less than 51 percent of the control and voting capital 
stock of such entity is owned by one or more individuals 
who are licensed master plumbers, except as otherwise 
provided; 

2. All plumbing or gas piping work performed by such 
entity is performed by or under the direct and continuing 
supervision of such licensed master plumber; 

3. The person in charge of such work is such licensed mas- 
ter plumber; and 

4. The persons actually performing such work are in the 
direct employ of such master plumber business as autho- 
rized by the code. 

Exception: A company, corporation, partnership or 
other business association or its predecessor that was 
engaged in plumbing work prior to January 25, 1990 
may continue to do so in any one or more of such busi- 
ness forms without complying with the foregoing, if 
(i) application was made to the department prior to 
July 25, 1990, and (ii) necessary evidence was fur- 
nished on or prior to January 25, 1991, that such com- 
pany, corporation, partnership or other business 
association or its predecessor had employed an aver- 
age of ten or more journeymen plumbers doing 
plumbing work for at least five days a week for a 
period of 10 years or more out of the twenty years pre- 
ceding July 25, 1990, provided, that such plumbing 
business continues to have all plumbing work con- 
ducted under the management and direct and continu- 
ing supervision of a licensed master plumber in the 
direct employ of such plumbing business and that 
such licensed master plumber is not otherwise inter- 
ested in, associated with or employed by any other 
plumbing business operating in this city except as a 
joint venture in which such master plumber's 
employer is one of the joint venturers. 

§28-408.6.1 Use. Nothing herein contained shall be con- 
strued to prohibit the use of a master plumber license by the 
holder thereof for or on behalf of a partnership, corporation 
or other business association provided that such partner- 



ship, corporation or other business is a master plumber 
business. 

§28-408.6.2 Identification. All business vehicles, advertis- 
ing, websites and stationery used in connection with a mas- 
ter plumber business shall display prominently the full 
name of the licensee, the words "N.Y.C. licensed plumber" 
the licensee's number and the licensee's business address. If 
the business is conducted under a trade name, or by a part- 
nership or corporation, the trade name, partnership or cor- 
porate name shall be placed immediately above the full 
name or names of the licensed master plumber or licensed 
master plumbers to whom the plates were issued. 

§28-408.6.3 Withdrawal of license. If a licensed master 
plumber withdraws from a master plumbing business oper- 
ating pursuant to such individual's license, the right of the 
business to perform plumbing work shall lapse if the provi- 
sions of this section 28-408.6 are no longer satisfied. If a 
licensed master plumber's license is revoked or suspended, 
such licensee will be deemed withdrawn from such busi- 
ness. 

§28-408.6.4 Ownership limitations. An individual who is 
a licensed master plumber whose interest or ownership in a 
master plumber business constitutes any portion of the 51 
percent interest or control required by this section 28-408.6 
shall be prohibited from possessing an interest or ownership 
in more than one other master plumber business at his or her 
established place of business, where such interest or owner- 
ship would constitute any portion of the 51 percent interest 
or control required by this section 28-408.6. Both master 
plumber businesses in which the individual who is a 
licensed master plumber has an interest shall be located at 
the same place of business. For the purposes of this section 
28-408.6, where two or more individuals who are licensed 
master plumbers possess an interest or ownership in any 
master plumber business which together represents more 
than 5 1 percent of the interest or control of such entity, all of 
such licensees shall be deemed to possess a portion of the 5 1 
percent interest or control required by this section 28-408.6. 

§28-408.6.5 Joint ventures. Nothing contained in this sec- 
tion 28-408.6 shall be construed to prevent a master 
plumber business from entering into a joint venture of lim- 
ited duration for a particular project with another master 
plumber business. The terms of a joint venture must be in 
writing, and documentation of the joint venture must be 
submitted to the department for approval prior to the initia- 
tion of work under such venture. 

§28-408.6.6 Supervision. The master plumber shall con- 
duct his or her business to provide direct and continuing 
supervision in accordance with the provisions of this code. 

Exception: The provisions of this section 28-408.6.6 
shall not apply to minor alterations or ordinary repairs, as 
defined in this code, or to the installation or alteration of 
gas service piping and gas meter piping, including 
meters, valves, regulators or related equipment, when 
such work is to be performed, serviced and maintained 
by utility corporations subject to the jurisdiction of the 
New York state public service commission. 



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ARTICLE 409 
JOURNEYMAN PLUMBER REGISTRATION 

§28-409.1 Journeyman plumber registration; additional 
qualifications. Upon satisfactory completion of a New York 
State-recognized training program or affirmation of an appli- 
cant's qualifications by an employer licensed master plumber 
or, in the case of a city agency, a supervising licensed master 
plumber and upon written stipulation of same by the applicant, 
the commissioner shall register an applicant as journeyman 
plumber. Such qualifications shall reflect a progressive under- 
standing, proficiency and competence in the plumbing trade, 
including: 

1. A working familiarity with the plumbing code and tech- 
nical standards and the ability to apply the code require- 
ments correctly; 

2. The application of basic plumbing theory and the utiliza- 
tion of trade skills on the job site; 

3. A working knowledge of the tools of the trade and the 
ability to utilize them properly; and 

4. An ability to draft simple diagrams and interpret from 
drawings for the purpose of the plumbing work in which 
the applicant is engaged. 

§28-409.2 Experience. The applicant for journeyman plumber 
registration shall have a minimum of five years of full-time 
experience in the performance of plumbing work under the 
direct and continuing supervision of a licensed master plumber 
or equivalent, where at least one year of such experience shall 
have been in New York city. 

§28-409.3 Registration need not be renewed. The registra- 
tion for journeyman plumber shall have no expiration and shall 
not require renewal or re-issuance. 

§28-409.4 Registration card. The registration card shall 
clearly state: "This registration is NOT A LICENSE, and the 
holder is NOT AUTHORIZED TO PERFORM PLUMBING 
WORK in New York city except under the direct and continu- 
ing supervision of a licensed master plumber." 



ARTICLE 410 

MASTER FIRE SUPPRESSION PIPING 

CONTRACTOR LICENSE 

§28-410.1 Master fire suppression piping contractor 
license required. It shall be unlawful for any person: 

1. To perform fire suppression piping work unless such 
person is a licensed master fire suppression piping con- 
tractor or working under the direct and continuing super- 
vision of a licensed master fire suppression piping 
contractor except that a city employee who holds a 
license may only perform replacement, maintenance and 
repair fire suppression piping work on existing buildings 
in the course of his or her employment. 

2. To use the title licensed master fire suppression piping 
contractor, master fire suppression piping contractor or 
any other title in such manner as to convey the impres- 
sion that such person is a licensed master fire suppres- 



sion piping contractor unless such person is licensed as 
such in accordance with the provisions of this article. 

§28-410.2 Seal. All documents that are required to be filed 
with any department or agency of the city of New York shall 
bear the stamp of the seal as well as the signature of the 
licensee. The licensed master fire suppression piping contrac- 
tor performing the work and services shall personally sign and 
seal all applications and other documents required to be filed 
pursuant to the code. 

§28-410.3 Classification. There shall be three classes of 
licenses for master fire suppression piping contractor: 

1 . Class A. The holder of a class A master fire suppression 
piping contractor license is authorized to perform any 
work in connection with any and all fire suppression pip- 
ing systems as set forth in paragraphs 1 and 2 of the defi- 
nition of fire suppression piping system in section 
28-401.3. 

2. Class B. The holder of a class B master fire suppression 
piping contractor license is authorized to perform any 
work in connection with any and all fire suppression pip- 
ing systems as set forth in paragraph 1 of the definition of 
fire suppression piping system in section 28-401.3. 

3. Class C. The holder of a class C master fire suppression 
piping contractor license is authorized to perform any 
work in connection with any and all fire suppression pip- 
ing systems as set forth in paragraph 2 of the definition of 
fire suppression piping system in section 28-401.3. 

§28-410.4 Additional qualifications. Applicants for a master 
fire suppression piping contractor license shall have the fol- 
lowing additional qualifications: 

§28-410.4.1 Experience. All applicants for a master fire 
suppression piping contractor license shall submit satisfac- 
tory proof establishing that the applicant: 

.1. Has had at least seven years total experience within 
the 10 years prior to application in the design and 
installation of fire suppression piping systems under 
the direct and continuing supervision of a licensed 
master fire suppression piping contractor in the 
United States with the class of license for which appli- 
cation is made, with at least two years of such experi- 
ence as a registered journeyman fire suppression 
piping installer in accordance with the provisions of 
article 41 1 , except that during the three years immedi- 
ately following the effective date of this code there 
shall be no requirement for such registered journey- 
man fire suppression piping installer experience; 

2. Has received a bachelor's degree in engineering or 
appropriate engineering technology from an accred- 
ited college or university and has had at least five 
years total experience within the seven years prior to 
application in the design and installation of fire sup- 
pression piping systems under the direct and continu- 
ing supervision of a licensed master fire suppression 
piping contractor in the United States for the class of 
license for which application is made, at least two of 
which were in New York city; 



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3. Is an architect or engineer with at least three years of 
experience within the five years prior to application in 
the design and installation of fire suppression piping 
systems in the United States for the class of license for 
which application is made, where at least one year of 
such experience was in New York city; or 

4. Has had at least seven years total experience within 
the 10 years prior to application, with at least two 
years of such experience working in the design and 
installation of fire suppression piping systems under 
the direct and continuing supervision of a licensed 
master fire suppression piping contractor in the 
United States with the class of license for which appli- 
cation is made. The balance of such required experi- 
ence may be obtained by performing maintenance, 
replacement and repair of fire suppression piping 
work on existing buildings while in the employ of a 
city agency under the direct and continuing supervi- 
sion of a licensed master fire suppression piping con- 
tractor supervisor employed by the city agency with 
the class of license for which application is made. 
Three years after the effective date of this article the 
two years of experience in the design and installation 
of fire suppression piping systems set forth above 
may only be satisfied by working as a registered jour- 
neyman fire suppression piping installer. 

5. An employee of a government agency, private 
inspection agency or other entity, acceptable to the 
commissioner, whose duties primarily involve the 
inspection of plumbing work for compliance with this 
the New York city plumbing code and/or other laws 
relating to the installation, alteration or repair of fire 
suppression piping systems shall be credited with 
fifty percent (50%) of the number of years that he or 
she has been satisfactorily employed in such duties 
within the ten (10) year period prior to application, 
which, however, in no event, shall exceed two and 
one-half (IVi) years credit of satisfactory experience. 
The balance of the required seven years must have 
been obtained by working in the design and installa- 
tion of fire suppression piping systems under the 
direct and continuing supervision of a licensed fire 
suppression piping contractor in the United States 
except that the requirement of paragraph 1 of this sec- 
tion 28-410.4.1 that an applicant's working experi- 
ence must have been within the ten (10) year period 
prior to application shall not apply to such balance of 
the work experience required pursuant to this para- 
graph. 

§28-410.4.2 Armed services. Applicants who were 
engaged in fire suppression piping work prior to entering 
the armed services of the United States shall be permitted to 
credit their time in the service as experience in the fire sup- 
pression piping business, as above provided; but such ser- 
vice credit shall not exceed one-third of the time required 
for experience. 

§28-410.5 Certificate of competence and license, plate 
and/or seal. The commissioner shall issue a certificate of com- 



petence, license, plate and/or seal in accordance with the 
following: 

§28-410.5.1 Certificate of competence. A certificate of 
competence shall be issued by the commissioner to an appli- 
cant who satisfactorily complies with the experience and 
examination requirements of this article for a license, upon 
payment of the fee. Such certificate shall contain the full 
name of the individual and a certificate number, and shall be 
signed by the commissioner. 

§28-410.5.2 Effect of issuance. The issuance of a certifi- 
cate of competence shall constitute evidence that the person 
named therein is qualified upon payment of applicable fees 
to obtain a plate and seal while the certificate is valid except 
that a city employee while in the employ of the city shall 
only be entitled to obtain a seal. 

§28-410.5.3 Plate and/or seal required. The holder of a 
certificate of competence shall not be entitled to perform 
work or hold himself or herself out to perform work as a 
licensed master fire suppression piping contractor until such 
plate and/or seal have been obtained. Further, no holder of a 
certificate of competence shall enter into any contractual 
agreement to install or alter any fire suppression piping sys- 
tem other than an employment agreement with a master fire 
suppression piping business or a city agency. 

§28-410.5.4 Failure to obtain plate and/or seal. If a holder 
of a certificate of competence has held the certificate for five 
years without a plate and/or seal, then the commissioner 
may require said person to submit an affidavit and support- 
ing documentation satisfactory to the department stating 
that over the five-year period the individual has been 
engaged in the design and installation of fire suppression 
piping systems in the United States under the direct and con- 
tinuing supervision of a licensed master fire suppression 
piping contractor. If the holder's qualifications are not satis- 
factory to the commissioner, the commissioner may require 
such person to submit to reexamination or to provide evi- 
dence of retained proficiency. In addition, additional fees 
will be due as set forth in this chapter. 

§28-410.5.5 License plate and/or seal. A holder of a certif- 
icate of competence or an applicant who has satisfied all 
requirements for a master fire suppression piping contractor 
license shall obtain: 

1. A license, plate and seal upon establishing a fire sup- 
pression piping contracting business conforming to 
the requirements of this article and any rules promul- 
gated by the department; or 

2. A license and seal upon demonstrating employment 
with a city agency. The license shall clearly state: 
"The bearer of this master fire suppression piping 
contractor license is a government employee and as 
such is not authorized to engage in fire suppression 
piping contract work outside of his/her government 
employment and within such government employ- 
ment shall only engage in maintenance, replacement 
and repair fire suppression piping work on existing 
buildings." No plate shall be issued to a licensed mas- 



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ter fire suppression piping contractor employed by a 
city agency. 

§28-410.5.6 Issuance. A certificate of competence or a 
license, plate and/or seal as a master fire suppression piping 
contractor shall be issued only to an individual. 

§28-410.5.7 Duplication prohibited. Not more than one 
license, plate and/or seal shall be issued to an individual, and 
no individual shall make or cause to be made a duplicate of 
such license, plate or seal. 

§28-410.6 Waiver of examinations. Any license issued with- 
out examination pursuant to an application filed prior to July 
25, 1990 pursuant to the provisions of law in effect prior to the 
effective date of this code that has not lapsed as of the effective 
date of this code, shall be renewable pursuant to the provisions 
of this code. 

§28-410.7 Surrender of license, plate and/or seal. Upon the 
death or the retirement of a licensed master fire suppression 
piping contractor, or upon the surrender, revocation or suspen- 
sion of his or her license, his or her license, plate and seal shall 
immediately be surrendered to the commissioner. Nothing 
contained herein shall be construed to prevent the legal repre- 
sentative of a deceased licensee, with the consent of the com- 
missioner, from retaining such plate and seal for the purpose of 
completing all unfinished work of such deceased licensee for 
which plans have been approved and a permit issued, provided 
such work is performed by or under the direct and continuing 
supervision of a licensed master fire suppression piping con- 
tractor and is completed within one year from the date of the 
death of the original licensee. 

§28-410.8 Master fire suppression piping contractor busi- 
ness required. No individual, corporation, partnership or other 
business association shall conduct a fire suppression piping 
contracting business in the city of New York, or employ the 
name "fire suppression piping" in its business name, unless the 
business is a master fire suppression business as follows: 

1. No less than 51 percent of the control and voting capital 
stock of such entity is owned by one or more individuals 
who are licensed master fire suppression piping contrac- 
tors, except as otherwise provided; and 

2. All fire suppression piping work performed by such 
entity is performed by or under the direct and continuing 
supervision of such licensed master fire suppression pip- 
ing contractor; 

3. The person in charge of such work is such licensed mas- 
ter fire suppression piping contractor; and 

4. The persons actually performing such work are in the 
direct employ of such master fire suppression piping 
contractor business as authorized by the code. 

Exception: A company, corporation, partnership or 
other business association or its predecessor that was 
engaged in fire suppression piping contractor work 
prior to January 25, 1 990 may continue to do so in any 
one or more of such business forms without comply- 
ing with the foregoing, if (i) application was made to 
the department prior to July 25, 1990, and (ii) neces- 
sary evidence was furnished on or prior to January 25, 



1991, that such company, corporation, partnership or 
other business association or its predecessor had 
employed an average of 1 or more journeymen doing 
fire suppression piping contractor work for at least 
five days a week for a period of ten years or more out 
of the 20 years preceding July 25, 1990, provided, that 
such business continues to have all fire suppression 
piping contractor work conducted under the manage- 
ment and direct and continuing supervision of a 
licensed master fire suppression contractor in the 
direct employ of such business and that such licensed 
master fire suppression contractor is not otherwise 
interested in, associated with or employed by any 
other licensed master fire suppression contracting 
business operating in this city except as ajoint venture 
in which such licensed master fire suppression con- 
tractor's employer is one of the joint venturers. 

§28-410.8.1 Use. Nothing herein contained shall be con- 
strued to prohibit the use of a master fire suppression piping 
contractor license by the holder thereof for or on behalf of a 
partnership, corporation or other business association pro- 
vided that such partnership, corporation or other business is 
a master fire suppression piping contractor business. 

§28-410.8.2 Identification. All business vehicles, advertis- 
ing, websites and stationery used in connection with a mas- 
ter fire suppression piping contractor business shall display 
prominently the full name of the licensee, the words 
"N.Y.C. licensed fire suppression piping contractor - class 
A, B or C," the licensee's number and the licensee's business 
address. If the business is conducted under a trade name, or 
by a partnership or corporation, the trade name, partnership 
or corporate name shall be placed immediately above the 
full name or names of the licensed master fire suppression 
piping contractor or licensed master fire suppression piping 
contractors to whom the plates were issued. 

§28-410.8.3 Withdrawal of licensee. If a licensed master 
fire suppression piping contractor withdraws from a master 
fire suppression piping contractor business operating pursu- 
ant to such individual's license, the right of the business to 
perform fire suppression piping work shall lapse if the pro- 
visions of this article are no longer satisfied. If a licensed 
master fire suppression piping contractor's license is 
revoked or suspended, such licensee will be deemed with- 
drawn from such business. 

§28-410.8.4 Ownership limitations. An individual who is 
a licensed master fire suppression piping contractor whose 
interest or ownership in a master fire suppression piping 
contractor business constitutes any portion of the 5 1 percent 
interest or control required by this section 28-410.8 shall be 
prohibited from possessing an interest or ownership in more 
than one other fire suppression piping contractor business at 
his or her established place of business where such interest 
or ownership would constitute any portion of the 5 1 percent 
interest or control required by this section 28-410.8. Both 
fire suppression piping contractor businesses in which the 
individual who is a licensed master fire suppression piping 
contractor has an interest shall be located at the same place 
of business. For the purposes of this section 28-410.8, 
where two or more individuals who are licensed master fire 



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LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



suppression piping contractors possess an interest or owner- 
ship in any master fire suppression piping contractor busi- 
ness which together represents more than fifty-one percent 
of the interest or control of such entity, all of such licensees 
shall be deemed to possess a portion of the 5 1 percent inter- 
est or control required by this section 28-410.8. 

§28-410.8.5 Joint ventures. Nothing contained in this sec- 
tion 28-4 10.8 shall be construed to prevent a master fire sup- 
pression piping contractor business from entering into a 
joint venture of limited duration for a particular project with 
another master fire suppression piping contractor business. 
The terms of a joint venture must be in writing, and docu- 
mentation of the joint venture must be submitted to the 
department for approval prior to the initiation of work under 
such venture. 

§28-410.8.6 Supervision. The master fire suppression pip- 
ing contractor shall conduct his or her business to provide 
direct and continuing supervision in accordance with the 
provisions of this article. 

Exception: The provisions of this section 28-410.8.6 
shall not apply to minor alterations or ordinary repairs, as 
defined in this code, and/or to maintenance of a fire sup- 
pression piping system. 



ARTICLE 411 

JOURNEYMAN FIRE SUPPRESSION PIPING 

INSTALLER REGISTRATION 

§28-411.1 Journeyman fire suppression piping installer 
registration; additional qualifications. Upon satisfactory 
completion of a New York state-recognized training program 
or affirmation of an applicant's qualifications by an employer 
licensed master fire suppression piping contractor or, in the 
case of a city agency, a supervising licensed master fire sup- 
pression piping contractor and upon written stipulation of same 
by the applicant, the commissioner shall register an applicant 
as journeyman fire suppression piping installer. Such qualifica- 
tions shall reflect a progressive understanding, proficiency and 
competence in the fire suppression piping trade, including: 

1. A working familiarity with the code and technical stan- 
dards with regard to fire suppression piping, and the abil- 
ity to apply the code requirements correctly; 

2. The application of basic fire suppression theory and the 
utilization of trade skills on the job site; 

3. A working knowledge of the tools of the trade and the 
ability to utilize them properly; and 

4. An ability to draft simple diagrams and interpret from 
drawings for the purpose of the fire suppression piping 
work in which the applicant is engaged. 

§28-41 1.2 Experience. The applicant for journeyman fire sup- 
pression piping installer registration shall have a minimum of 
five years of full-time experience in the performance of fire 
suppression piping work under the direct and continuing super- 
vision of a licensed master fire suppression piping contractor or 
equivalent, where at least one year of such experience shall 
have been in New York city. 



§28-411.3 No required expiration, renewal or reissuance. 

The registration for journeyman fire suppression piping 
installer shall have no expiration and shall not require renewal 
or reissuance. 

§28-411.4 Required statement. The registration shall clearly 
state: "This registration is NOT A LICENSE, and the holder is 
NOT AUTHORIZED TO PERFORM FIRE SUPPRESSION 
PIPING WORK in New York city except under the direct and 
continuing supervision of a Licensed Master Fire Suppression 
Piping Contractor." 



ARTICLE 412 
OIL-BURING EQUIPMENT INSTALLER LICENSE 

§28-412.1 Oil-burning equipment installer license 
required. It shall be unlawful to install oil-burning equipment 
in the city unless such work is performed by or under the direct 
and continuing supervision of a person licensed as an oil-burn- 
ing equipment installer under the provisions of this article. 

§28-412.2 Classifications. Oil-burning equipment installer 
licenses shall be classified as follows: 

1. Class A oil-burning equipment installer license. 

Licenses the holder thereof to install any type of 
oil-burning equipment, as an independent contractor 
with full responsibility for the manner in which the work 
is done, and for the material and equipment used, and for 
the control and direct and continuing supervision of the 
persons employed on the work. Such equipment shall 
include but not be limited to burners, boilers and genera- 
tors. 

2. Class B oil-burning equipment installer license. 

Licenses the holder thereof to install oil-burning equip- 
ment for the use of domestic fuel oils from number one 
fuel oil to and including number four fuel oil, as an inde- 
pendent contractor with full responsibility for the man- 
ner in which the work is done, for the materials and 
equipment used, and for the control and direct and con- 
tinuing supervision of the persons employed on the 
work. 

§28-412.3 Qualifications. Applicants for an oil-burning 
equipment installer license shall have the qualifications set 
forth in sections 28-412.3.1 through 28-412.3.2. 

§28-412.3.1 Experience for Class A license. All applicants 
for a class A oil-burning equipment installer license shall 
submit satisfactory proof establishing that the applicant has 
had at least four years practical experience within the seven 
years prior to application in the installation of oil-burning 
equipment under the direct and continuing supervision of a 
Class A-licensed oil-burning equipment installer in the city, 
including at least one year experience in the installation of 
oil-burning equipment for the use of number five and num- 
ber six fuel oils. 

§28-412.3.2 Experience for Class B license. All applicants 
for a class B oil-burning equipment installer license shall 
submit satisfactory proof establishing that the applicant has 
had at least three years practical experience within the five 
years prior to application in the installation of oil-burning 



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LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



equipment under the direct and continuing supervision of a 
licensed oil-burning equipment installer in the city. 

§28-412.4 Fitness to perform work. As a condition of license 
renewal, a licensed oil burning equipment installer shall pro- 
vide evidence satisfactory to the department that such licensee 
is fit to perform the work. 



ARTICLE 413 

HIGH-PRESSURE BOILER 

OPERATING ENGINEER LICENSE 

§28-413.1 High-pressure boiler operating engineer license 
required. It shall be unlawful to operate any high-pressure 
steam boiler for any purpose whatsoever, in the city of New 
York or in connection with any vessel on the waters in and 
around the city not subject to the jurisdiction of the United 
States, unless such boiler is operated by or under the direct and 
continuing supervision and in the presence of a person having a 
high-pressure boiler operating engineer license under the pro- 
visions of this article. 

§28-413.2 Qualifications. Applicants for a high-pressure 
boiler operating engineer license shall present satisfactory 
proof that: 

1. Applicant was employed as a fireman, oiler, general 
assistant, journeyman, boiler-maker or machinist under 
the direct and continuing supervision of a licensed 
high-pressure boiler operating engineer in the city for a 
period of not less than five years within the seven year 
period preceding the date of the application; however, in 
lieu of the experience requirement contained in this para- 
graph, an applicant for a high-pressure boiler operating 
engineer license who is employed in a fossil fuel produc- 
tion plant located in the Rockaway Peninsula area of 
Queens county may submit satisfactory proof establish- 
ing that the applicant has obtained at least five years 
experience within the seven years preceding the date of 
the application which shall include at least two years of 
experience obtained during employment under the direct 
and continuing supervision of a licensed high-pressure 
boiler operating engineer in a steam generating plant 
located outside of the city of New York but within the 
state of New York that is owned and operated by a 
licensed public utility company, and shall also include a 
separate period of at least three years of experience 
obtained during employment as a fireman, oiler, general 
assistant, journeyman, boiler-maker or any comparable 
position as approved by the commissioner, in such steam 
generating plant; 

2. Applicant received a degree in mechanical engineering 
from an accredited school or college and had one year 
experience in the operation and maintenance of 
high-pressure boilers under the direct and continuing 
supervision of a licensed high-pressure boiler operating 
engineer in the city within the two year period preceding 
the date of the application; 

3. Applicant has held, for a minimum of four years, a certif- 
icate as an engineer issued by a board of examining engi- 
neers duly established and qualified pursuant to the laws 



of the United States or any state or territory thereof, or a 
certificate as a marine engineer issued by the United 
States Coast Guard, and a minimum of one year experi- 
ence in the city in the operation and maintenance of sta- 
tionary high-pressure boiler plants under the direct and 
continuing supervision of a licensed high-pressure boiler 
operating engineer within the seven years preceding the 
date of the application, provided that the applicant shall 
have filed with such application a signed statement that 
the applicant is the person named in said certificate 
together with the supporting signed statements by three 
licensed high-pressure boiler operating engineers 
employed in the city of New York at the time of making 
of such signed statements; 

4. Applicant exercised direct and continuing supervision, 
care, operation and maintenance over a steam generating 
plant of a governmental building, having boilers of 150 
or more horsepower, for a minimum of five years and 
had a minimum of one year of experience on high-pres- 
sure boilers under the direct and continuing supervision 
of a licensed high-pressure boiler operating engineer in 
the city within the seven year period preceding the date 
of the application; or 

5. Applicant successfully completed a New York state 
approved apprenticeship training program of at least two 
years and had at least three years experience within the 
seven years preceding the date of the application in the 
operation and maintenance of high-pressure boilers in 
the city under the direct and continuing supervision of a 
licensed high-pressure boiler operating engineer. 

§28-413.3 Fitness to perform work. As a condition of license 
renewal, a licensed high-pressure boiler operating engineer 
shall provide evidence satisfactory to the department that such 
licensee is fit to perform the work. 



ARTICLE 414 

PORTABLE HIGH-PRESSURE BOILER OPERATING 

ENGINEER LICENSE 

§28-414.1 Portable high-pressure boiler operating engi- 
neer license required. It shall be unlawful to operate a portable 
high-pressure steam boiler for any purpose whatsoever in the 
city of New York unless such boiler is operated by or under the 
direct and continuing supervision and in the presence of a per- 
son licensed as a portable high-pressure boiler operating engi- 
neer. 

§28-414.2 Qualifications. Applicants for a portable 
high-pressure boiler operating engineer license shall present 
satisfactory proof that applicant held a basic license as a hoist- 
ing machine operator as provided in this chapter for a minimum 
of three years within the five year period preceding the date of 
the application; and served as a fireman, oiler, assistant engi- 
neer or engineer on portable high-pressure boilers for a mini- 
mum of three years within the seven year period preceding the 
date of the application at least one year on portable high pres- 
sure boilers within the city under the direct and continuing 
supervision of a licensed portable high-pressure boiler operat- 
ing engineer. 



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§28-414.3 Fitness to perform work. As a condition of license 
renewal, a licensed portable high -pressure boiler operating 
engineer shah provide evidence satisfactory to the department 
that such licensee is fit to perform the work. 



ARTICLE 415 
SIGN HANGER LICENSE 

§28-415.1 Sign hanger license required. It shall be unlawful 
to hoist or lower or to hang or attach any sign upon or on the 
outside of any building in the city unless such work is per- 
formed by or under the direct and continuing supervision of a 
person licensed as a sign hanger under the provisions of this 
article. 

§28-415.2 Exemptions. The provisions of this article shall not 
apply to the following: 

1. Signs not exceeding 15 square feet (7 m 2 ) in area, mea- 
sured on one face only, nor exceeding 25 pounds (1 .1 kg) 
in weight; 

2. Signs supported directly on the ground; or 

3. Directional signs; or 

4. Temporary signs erected during the construction or 
alteration of a building and related to such work; or 

5. The erection or placing of any signs by employees of the 
city, any city department or other city agency. 

§28-415.3 Classification. Such licenses shall be classified as 
follows: 

1. Master sign hanger license. Authorizes the holder 
thereof to hoist or lower or to hang or attach any sign, 
irrespective of weight, upon or on the outside of any 
building. 

2. Special sign hanger license. Authorizes the holder 
thereof to hoist or lower or to hang or attach any sign not 
exceeding one hundred fifty square feet in area, mea- 
sured on one face only, nor exceeding one thousand two 
hundred pounds in weight, upon or on the outside of any 
building. 

§28-415.4 Additional qualifications. Applicants for a sign 
hanger license shall have the additional qualifications set forth 
in sections 28-415.4.1 through 28-415.4.2. 

§28-415.4.1 Master sign hanger qualifications. All appli- 
cants for a master sign hanger license shall submit satisfac- 
tory proof establishing that the applicant has had at least five 
years practical experience in sign hanging within the seven 
years preceding the date of the license application under the 
direct and continuing supervision of a licensed master sign 
hanger; and the applicant shall also have a knowledge of and 
ability to read plans and specifications relating to sign con- 
struction and erection, including supporting framework and 
other supports, and a knowledge of the problems and prac- 
tices of sign construction and hanging and be familiar with 
the equipment and tools used in sign hanging. 

§28-415.4.2 Special sign hanger qualifications. All appli- 
cants for a special sign hanger license shall submit satisfac- 
tory proof establishing that the applicant has had at least 



three years practical experience in sign hanging within the 
five years preceding the date of the license application under 
the direct and continuing supervision of a licensed sign 
hanger; and the applicant shall also have a knowledge and 
ability to read plans and specifications relating to sign con- 
struction and erection, including supporting framework and 
other supports, and a knowledge of the problems and prac- 
tices of sign construction and hanging and be familiar with 
the equipment and tools used in sign hanging. 

§28-415.5 Additional requirements. The additional require- 
ments set forth in sections 28-415.5.1 through 28-415.5.2 shall 
apply to sign hangers: 

§28-415.5.1 Danger warning. Every licensed sign hanger 
shall, while sign hanging operations are in progress at a job 
site, place conspicuously at such job site two plates or signs 
not less than 18 inches (457 mm) by 24 inches (610 mm) in 
size (i) displaying the word "danger" in letters not less than 
6 inches (1 52 mm) high, and (ii) disclosing the sign hanger's 
name, business address, type of 1 icense and license number. 

§28-415.5.2 Sign hanger place of business. Every licensed 
sign hanger shall have a place of business within the city and 
shall display prominently at such place of business a plate or 
sign marked with the words "sign hanger" and the license 
number immediately thereunder. 

§28-415.6 Fitness to perform work. As a condition of license 
renewal, a licensed sign hanger shall provide evidence satisfac- 
tory to the department that such licensee is fit to perform the 
work. 



ARTICLE 416 
FILING REPRESENTATIVE REGISTRATION 

§28-416.1 Filing representative registration required. No 

person shall use the term "registered filing representative" or 
"filing representative" or any similar representation in such 
manner as to convey the impression that such person is a regis- 
tered filing representative in accordance with the provisions of 
this article; nor shall any person present, submit, furnish or 
seek approval of applications or construction documents, or 
remove any documents from the possession of the department, 
without first having registered with the department such per- 
son's name, address and company affiliation on a form to be 
furnished by the department. 

§28-416.2 Exemptions. The following persons are exempt 
from the provisions of this article: 

1 . The owners of the premises for which the building appli- 
cations are filed including, in the case of partnerships or 
corporations, the general partners or the principal offi- 
cers of the corporation, where the principal officers of a 
corporation shall include the president, vice presidents, 
secretary and treasurer; 

2. The lessees of such premises authorized by the owner to 
file building applications; 

3. Condominium unit owners authorized by the condomin- 
ium board of managers to file building applications; 

4. Cooperative shareholders authorized by the cooperative 
board of directors to file building applications; 



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5. Architects; 

6. Engineers; 

7. Attorneys admitted to practice in New York state; 

8. Master plumbers licensed pursuant to this chapter; 

9. Master fire suppression piping contractors licensed 
pursuant to this chapter; and 

10. Master electricians licensed pursuant to subchapter one 
of chapter 3 of title 27 of the administrative code. 

§28-416.3 Rules. The commissioner shall promulgate rules for 
the proper and efficient administration and enforcement of this 
article. Unless required by rule, a registered filing representa- 
tive shall not be required to take an examination or to complete 
continuing education courses as a condition for renewal of the 
registration. 



ARTICLE 417 
BOARDS 

§28-417.1 Plumbing and fire suppression piping contractor 
license board. The commissioner shall appoint annually and 
may remove in his or her discretion each member of a plumb- 
ing and fire suppression piping contractor license board that 
shall have as its purpose the following: 

1. To advise the commissioner regarding the character and 
fitness of applicants for certificates of competence and 
licenses who have passed the required examination. 

2. To advise the commissioner regarding allegations of ille- 
gal practices on the part of licensed master plumbers, 
licensed master fire suppression piping contractors, mas- 
ter plumber businesses or master fire suppression piping 
businesses. 

3. To advise the commissioner regarding plumbing and fire 
suppression piping practices, code applications, regula- 
tions and legislation. 

4. To perform such other responsibilities as may be 
requested by the commissioner and as set forth in rules 
promulgated by the department. 

§28-417.1.1 Removal. The commissioner may remove any 
member of the license board and shall fill any vacancy 
therein. 

§28-417.1.2 Membership. Membership of the board shall 
consist of: 

1. Two officers or employees of the department; 

2. Five licensed master plumbers, three of whom shall 
be selected from nominees of the New York city 
contracting plumbing association whose members 
perform the largest dollar value of work within the 
city and one of whom shall be the holder of a class A 
or class B master fire suppression piping contractor 
license. The two remaining licensed master plumber 
board member positions shall be from the next larg- 
est plumbing association in the city of New York. 

3. Two licensed master fire suppression piping con- 
tractors, both of whom shall hold a class A license 



and shall be selected from nominees of the New 
York city sprinkler/fire suppression piping contrac- 
tors association whose members perform the largest 
dollar value of work within the city; 

4. A registered journeyman plumber from the organi- 
zation representing the largest number of registered 
journeyman plumbers; 

5. A registered journeyman fire suppression piping 
installer from the organization representing the larg- 
est number of registered journeyman fire suppres- 
sion piping installers; 

6. An engineer having at least five years experience in 
the design of plumbing systems; 

7. An architect; 

8. An engineer who is a full member of the society of 
fire protection engineers; 

9. Two officers or employees of the fire department 
representing the fire commissioner; and 

10. A real estate owner or manager or representative 
thereof. 

§28-417.1.3 Organization of the board. A member of the 
board who is an officer or employee of the department rep- 
resenting the commissioner shall serve as chairperson and 
all members shall serve without compensation. Nine mem- 
bers including the chairperson, who shall be entitled to vote, 
shall constitute a quorum of the board for the transaction of 
business. All actions shall be conducted by majority vote 
except as otherwise provided, and the board shall keep min- 
utes of its proceedings and records of its investigations. The 
board shall meet at least once a month except during the 
months of July and August, and at such other times upon call 
of the chairperson. 

§28-417.1.4 Advisory and support personnel. The board 
may request the commissioner to appoint duly authorized 
representatives to conduct investigations and other activities 
incidental to the functions of the license board. Such 
appointees shall be non-voting members of the committee 
to which they are appointed, and may include personnel 
who are not department employees who shall serve without 
compensation. In addition the commissioner may designate 
such employees of the department as the commissioner 
deems necessary to the service and support of the license 
board. 



ARTICLE 418 
GENERAL CONTRACTOR REGISTRATION 

§28-418.1 Requirement of registration. On and after Novem- 
ber 1, 2008 shall be unlawful for a person to conduct business 
as a general contractor unless such person holds a general con- 
tractor registration in accordance with the provisions of this 
article. 

§28-418.1.1 Expiration of registration. A general con- 
tractor registration shall expire on the second anniversary of 
such registration or such other date as determined by the 



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commissioner by rule so as to distribute the expiration dates 
of the registrations evenly over the course of a year. 

§28-418.2 Unlawful use of general contractor title. On and 

after November 1, 2008 shall be unlawful to use or cause to be 
used the title registered general contractor or any other title in a 
manner as to convey the impression that an individual, corpora- 
tion, partnership or other business entity, or any person it 
employs, is a registered general contractor, unless such individ- 
ual, corporation, partnership or other business entity is regis- 
tered in accordance with the provisions of this article. 

§28-418.3 Application requirements. An application for a 
general contractor registration or renewal shall be made in writ- 
ing to the commissioner on a form provided by the department 
and shall be accompanied by the following: 

1. If the applicant is an individual: the applicant's full 
name, residence address, business address and busi- 
ness telephone number; 

2. If the applicant is a corporation: 

2. 1 . The corporate name, address and telephone num- 
ber of the applicant's principal office or place of 
business; 

2.2. The date and state of incorporation; 

2.3. The name, residence address and residence tele- 
phone number of all corporate officers and regis- 
tered agents and any person owning an interest of 
ten percent or more in the corporation; 

2.4. Proof that the corporation is in good standing 
under the laws of the state of New York; 

3. If the applicant is a partnership: 

3.1. The name, address and telephone number of the 
applicant' s principal office or place of business ; 

3.2. The name, residence address and residence tele- 
phone number of all partners; 

4. The registration fee; 

5. A verified statement that the applicant is financially 
solvent; 

6. The name and address of the principal location from 
which the applicant has engaged in the business of gen- 
eral contracting at any time within the last five years; 

7. If the applicant is not a sole proprietor, proof that the 
applicant is authorized to do business in the state of 
New York; 

8. Proof of insurance as required by section 28-401.9; 

9. The name and address of the officer, principal or direc- 
tor of the applicant who is primarily responsible for the 
registrant's compliance with the requirements of this 
code or any rule adopted thereunder; 

10. Any other information that the commissioner may 
require. 

§28-418.3.1 Financial solvency. For the purposes of this 
article, financial solvency shall mean that the applicant's 
operating capital shall exceed twenty-five thousand dollars. 



§28-418.4 Warranties. A warranty shall be provided to the 
buyer of a new one-, two- or three-family structure that accords 
with the provisions of article thirty-six-B of the New York state 
general business law, including the following: 

1. One year from and after the warranty date the home will 
be free from defects due to a failure to have been con- 
structed in a skillful manner; 

2. Two years from and after the warranty date the plumb- 
ing, electrical, heating, cooling and ventilation systems 
of the home will be free from defects due to a failure by 
the builder to have installed such systems in a skillful 
manner; and 

3. Six years from and after the warranty date the home will 
be free from material defects, including, but not limited 
to, any construction that is not in compliance with the 
building code or the zoning resolution of the city of New 
York. 

§28-418.4.1 Modification prohibited. Except as otherwise 
provided in section seven hundred seventy-seven-b of such 
article thirty-six-B, no such warranty shall be modified or 
excluded in any way. 

§28-418.5 Duties and responsibilities. The general contractor 
shall comply with sections 28-418.5.1 through 28-418.5.3. 

§28-418.5.1 Subcontractor information. The general 
contractor shall be responsible for providing information to 
the department about his or her subcontractors and the par- 
ticular work they perform on jobs for which the department 
has issued permits to the general contractor. Such informa- 
tion shall be provided in a format and at the times specified 
in the rules of the department. 

§28-418.5.2 Technical reports. The general contractor 
shall maintain at the work site such technical reports as 
specified in the rules of the department and shall make such 
reports available to department personnel on request. 

§28-418.5.3 Notice of pending disciplinary actions. The 

general contractor shall notify all of its suppliers of any 
pending suspension or revocation actions against such gen- 
eral contractor and shall provide an affidavit to the depart- 
ment stating that this notification has been made. 

§28-418.6 Posting of disciplinary actions. The names of all 
general contractors whose registration was suspended or 
revoked after an OATH decision shall be posted on the depart- 
ment's website. 



ARTICLE 419 
SEIZURE AND FORFEITURE 

§28-419.1 General. On and after November 1, 2008 vehicles 
and tools used in connection with unlicensed or unregistered 
activity at the work site of a new residential structure contain- 
ing no more than three dwelling units shall be subject to seizure 
and forfeiture. 

§28-419.2 Definitions. For purposes of this article, the follow- 
ing terms shall have the following meanings. 

1. The term "owner" as applied to vehicles shall mean an 
owner as defined in section one hundred twenty-eight 



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LICENSING AND REGISTRATION OF BUSINESSES, TRADES AND OCCUPATIONS 



and in subdivision three of section three hundred 
eighty-eight of the vehicle and traffic law. 

2. The term "security interest" as applied to vehicles shall 
mean a security interest as defined in subdivision k of 
section two thousand one hundred one of the vehicle and 
traffic law. 

3. The term "unlicensed activity" shall mean the conduct of 
any activity at a work site for the construction of a resi- 
dential structure containing no more than three dwelling 
units without a license for which a license is required 
under any law, rule or regulation enforced by the com- 
missioner of buildings, and the term "unregistered activ- 
ity" shall mean the conduct of any activity at a work site 
for the construction of a residential structure containing 
no more than three dwelling units without a registration 
for which a registration is required under any law or reg- 
ulation enforced by the commissioner of buildings. 

§28-419.3 Seizure procedure. The following provisions shall 
govern seizure of vehicles and tools pursuant to this article. 

§28-419.3.1 Seizure. Any police officer or authorized offi- 
cer or authorized employee of the department may seize any 
vehicle and any tools contained therein that such police offi- 
cer or authorized officer or authorized employee has reason- 
able cause to believe is being used in connection with 
unlicensed or unregistered activity, upon service on the 
owner or operator of the vehicle of a notice of violation for 
engaging in such activity. Any vehicle and tools seized pur- 
suant to this section shall be delivered into the custody of the 
department or other appropriate agency. 

§28-419.3.2 Written demand. The owner or operator of 
the vehicle and/or tools may make a written demand for a 
hearing for the return of the seized property. Notice of the 
right to a hearing shall be provided to the operator at the time 
of seizure of the vehicle and/or tools, and a copy of such 
notice shall be sent by mail to the registered and/or title 
owner of the vehicle, if other than the operator, and to the 
owner of the tools if other than the owner or operator of the 
vehicle and if reasonably ascertainable, within five business 
days of the seizure. The department shall schedule the hear- 
ing at the office of administrative trials and hearings 
(OATH) or its successor agency, as applicable, for a date 
within ten business days after receipt of the demand and 
shall notify the operator and the owner(s) of the opportunity 
to participate in the hearing and the date thereof. 

§28-419.3.3 Claimant. A claimant seeking release of the 
vehicle and tools at the hearing may be either the person 
from whom the vehicle and tools were seized, if that person 
was in lawful possession of the vehicle and tools, or the 
owner if different from such person. 

§28-419.3.4 Determination. The OATH judge shall issue a 
determination within five business days after the conclusion 
of the hearing. 

§28-419.3.5 Return pending hearing. The department 
shall establish a procedure whereby an owner or operator 
who wishes to have the vehicle and/or tools returned pend- 
ing the hearing shall post a bond in an amount determined 
by the department, but in no event less than an amount suffi- 



cient to cover any applicable removal and storage fees as 
well as fines and penalties. 

§28-419.3.6 Return without hearing. The department 
shall establish a procedure whereby an owner or operator 
may request the return of the vehicle and/or tools without a 
hearing if such owner or operator: 

1. Establishes that the vehicle and/or tools were seized 
in error, or 

2, Immediately applies for licensure or registration pur- 
suant to the applicable provisions of this code and 
pays an amount not to exceed removal and storage 
fees and any fines or penalties that could have been 
imposed under the provisions of this code. 

Where the owner or operator establishes that the vehicle 
and/or tools were seized in error, the department shall expe- 
ditiously return such vehicle and/or tools. 

§28-419.4 Abandoned property. Any vehicle and/or tools for 
which a written demand for return of the vehicle and/or tools or 
for a hearing pursuant to section 28-419.3.2 has not been made 
within thirty days of service of the notice of violation on the 
operator of the vehicle and/or tools or within thirty days of ser- 
vice of the notice of violation on the owner of the vehicle and/or 
tools if the owner is not the operator of the vehicle and/or tools 
shall be deemed abandoned and shall be disposed of by the 
department pursuant to applicable law. 

§28-419.5 Combined hearings. The department may choose 
to have the underlying violation adjudicated before the office 
of administrative trials and hearings in accordance with sec- 
tions 28- 419.5.1 through 28- 419.5.3. 

§28-419.5.1 Combined hearing and determination. 

Upon notice to the respondent, the department may choose 
to have the violation underlying the seizure returnable to 
and heard at OATH and may combine the hearing on the 
underlying violation with the hearing for the return of the 
seized property. At such combined hearing the OATH judge 
shall make a determination as to both and may impose any 
penalty that could be imposed in a proceeding before the 
environmental control board for the underlying violation. 
The OATH judge shall issue a determination within five 
business days after the conclusion of the hearing. 

§28-419.5.2 Release following finding of no violaiton. If 

the OATH judge finds that the vehicle and/or tools were not 
used in connection with unlicensed or unregistered activity, 
the department shall promptly release such vehicle and/or 
tools. 

§28-419.5.3 Release following finding of violation. If the 

OATH judge finds that the vehicle and/or tools were used in 
connection with unlicensed or unregistered activity, the 
department may release such vehicle and/or tools upon pay- 
ment of all applicable fines and civil penalties and all rea- 
sonable costs of removal and storage, or may commence a 
forfeiture action within twenty business days after the date 
of the judge's determination. 

§28-419.6 Separate hearings. In the event that the adjudica- 
tion of the violation underlying the seizure is not held at OATH, 
and a determination is made that the vehicle and tools were not 



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used in connection with unlicensed or unregistered activity, the 
department shall promptly release such vehicle and/or tools. 

§28-419.7 Forfeiture procedure. The following provisions 
shall govern forfeiture of vehicles and tools pursuant to this 
article. 

§28-419.7.1 Commencement of forfeiture. A forfeiture 
action pursuant to this article shall be commenced by the fil- 
ing of a summons with a notice or a summons and complaint 
in accordance with the civil practice law and rules. Such 
summons with notice or a summons and complaint shall be 
served in accordance with the civil practice law and rules on 
the vehicle operator, the owner of the tools, if different from 
the vehicle operator, and owner of the vehicle, and on all 
owners of the subject vehicle listed in the records main- 
tained by the department of motor vehicles, or for vehicles 
not registered in the state of New York, in the records main- 
tained by the state of registration. Except as otherwise pro- 
vided in this article, a vehicle and/or tools that are the 
subject of such action shall remain in the custody of the 
department or other appropriate agency pending the final 
determination of the forfeiture action. 

§28-419.7.2 Notice of forfeiture. Notice of the institution 
of the forfeiture action shall be given by certified mail to all 
persons holding a security interest in such vehicle or tools, if 
known, if such security interest in the vehicle has been filed 
with the department of motor vehicles pursuant to the provi- 
sions of title ten of the vehicle and traffic law, at the address 
set forth in the records of such department, or, for vehicles 
not registered in the state of New York, all persons holding a 
security interest in such vehicle if such security interest has 
been filed with the state of registration and which persons 
are made known by such state to the department, at the 
address provided by such state of registration. 

§28-419.7.3 Security interest. Any person with a security 
interest in such vehicle or tools who receives notice of the 
institution of the forfeiture action who claims an interest in 
such vehicle or tools subject to forfeiture may assert a claim 
in such action for satisfaction of such person's security 
interest in such vehicle or tools. 

§28-419.7.4 Forfeiture subject to security interest. For- 
feiture shall be made subject to the interest of a person who 
claims an interest in the vehicle or tools, where such person 
establishes that: 

1 . The use of the vehicle or tools for the conduct that was 
the basis for the seizure of the vehicle and tools 
occurred without the knowledge of such person, or if 
such person had knowledge of such use, that such per- 
son did not consent to such use by doing all that could 
reasonably have been done to prevent such use, and 
that such person did not knowingly obtain such inter- 
est in the vehicle or tools in order to avoid the forfei- 
ture of such vehicle or tools, or 

2. The conduct that was the basis for such seizure was 
committed by any person other than such person 
claiming an interest in the vehicle or tools, while such 
property was unlawfully in the possession of a person 
who acquired possession thereof in violation of the 
criminal laws of the United States or any state. 



§28-419.7.5 Disposition. The department or agency having 
custody of the vehicle and tools, after judicial determination 
of forfeiture, shall, at its discretion, either (i) retain such 
vehicle and tools for the official use of the city; or (i!) by 
public notice of at least five days, sell such forfeited vehicle 
and tools at public sale. The net proceeds of any such sale 
shall be paid into the general fund of the city. 

§28-419.7.6 Amount of award. In any forfeiture action 
commenced pursuant to this article, where the court awards 
a sum of money to one or more persons in satisfaction of 
such person's interest in the forfeited vehicle and tools, the 
total amount awarded to satisfy such interest or interests 
shall not exceed the amount of the net proceeds of the sale of 
the forfeited vehicle and tools after deduction of the lawful 
expenses incurred by the city, including reasonable costs of 
removal and storage of the vehicle and tools between the 
time of seizure and the date of sale. 



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CHAPTER 5 

MISCELLANEOUS PROVISIONS 



ARTICLE 501 
MAINTENANCE PERMIT FOR OUTDOOR SIGNS 

§28-501.1 Permit required. The commissioner may, in his or 

her discretion, when necessary in the public interest, establish a 
permit requirement for signs maintained in the areas described 
in this article in accordance with the provisions of this article 
and the rules of the department. On and after a date to be pro- 
vided by the rules establishing such a permit requirement, and 
subject to the provisions of section 28-501.6 of this code, it 
shall be unlawful to place or maintain a sign, as defined in sec- 
tion 12-10 of the zoning resolution, on any building or pre- 
mises unless a permit for the maintenance of such sign has been 
issued by the department pursuant to this article if such sign is 
within a distance of nine hundred linear feet from and within 
view of an arterial highway or within a distance of 200 linear 
feet (60 960 mm) from and within view of a public park with an 
area of one half acre or more. 

§28-501.1.1 Other permits notwithstanding. Where a 
sign maintenance permit has been established by the com- 
missioner pursuant to section 28-50 1 . 1 such permit shall be 
required for all signs maintained in the areas described in 
such section 28-501.1 and not otherwise excluded under 
section 28-501.6, whether or not a work permit is required 
and/or has been issued for the installation, alteration or erec- 
tion of such sign pursuant to chapter 1 of this title. 

§28-501.1.2 Arterial highway. For the purposes of this 
article, the term arterial highway shall include all highways 
that are shown on the master plan of arterial highways and 
major streets as principal routes parkways or toll crossings 
and that have been designated by the city planning commis- 
sion as arterial highways to which the provisions of sections 
42-55 and 32-66 of the zoning resolution shall apply as 
shown in appendix C of the zoning resolution. 

§28-501.2 Application. Application for a permit or for the 
renewal of a permit shall be made on forms to be furnished by 
the department and shall contain such information as the 
department shall prescribe. Except as otherwise provided in 
section 28-501.3, a permit shall remain in effect for a period to 
be determined by rule and may be renewed. The fee for a permit 
or for its renewal shall be established by rule. The identification 
number of the permit shall be displayed on the sign or on the 
building or premises on which the sign is located or both, in a 
manner to be provided by rule. 

§28-501.3 Permit expiration. A permit issued pursuant to this 
article shall expire and be of no further force or effect where: 

1 . In the case of a sign which is accessory to a principal use 
within the meaning of section 12-10 of the zoning resolu- 
tion, there has been a discontinuance of the operation of 
the principal use to which such sign is accessory, or in the 
event the sign is no longer in the same ownership as such 
principal use or is no longer operated and maintained 



substantially for the benefit or convenience of the own- 
ers, occupants, employees, customers or visitors of the 
principal use; 

2. In the case of any sign for which a permit has been issued 
pursuant to this article, whether or not accessory to a 
principal use within the meaning of section 12-10 of the 
zoning resolution, there has been a change in copy which 
the commissioner has determined renders such sign no 
longer in compliance with the zoning resolution. The 
commissioner shall prescribe by rule procedures for the 
notification to the department concerning changes in 
copy which have been made on signs for which permits 
have been issued under this article. Nothing herein shall 
be construed as limiting the ability of any person to apply 
for a new permit pursuant to this article. 

§28-501.4 Civil penalties. Any person who places or main- 
tains a sign on a building or premises without an appropriate 
permit in violation of this article shall be liable for a civil pen- 
alty of, for a first violation, not more than fifteen thousand dol- 
lars and, for a second or subsequent violation, not more than 
twenty-five thousand dollars. Each day's continuance shall be a 
separate and distinct violation. Such civil penalties may be 
recovered in an action in any court of appropriate jurisdiction 
or in a proceeding before the environmental control board. 
Such board shall have the power to impose the civil penalties 
provided for in this article. Notwithstanding the provisions of 
section six hundred sixty-six of the charter, a notice of violation 
issued by the department pursuant to this section 28-50 1 .4 shall 
not be subject to review by the board of standards and appeals. 

§28-501.5 Construction. This chapter shall not be construed 
to grant the right to place or maintain a sign on any building or 
premises where the placement or maintenance of such sign 
would otherwise be prohibited pursuant to the zoning resolu- 
tion, the administrative code or any other provision of law. No 
permit for a sign issued hereunder shall be deemed to constitute 
permission or authorization to maintain a sign which is unlaw- 
ful pursuant to any other provisions of law nor shall any permit 
issued hereunder constitute a defense in an action or proceed- 
ing with respect to such an unlawful sign. 

§28-501.6 Exemption. The provisions of this article shall not 
apply to: 

1. Signs with a surface area of 200 square feet (19 m 2 ) or 
less that are located no higher than 3 feet (9 1 4 mm) above 
the floor of the second story of the building on which the 
sign is located; and 

2. Signs under the control of an outdoor advertising com- 
pany and included on a certified list of signs, sign struc- 
tures, and sign locations under the control of such 
company required to be filed with the department pursu- 
ant to this chapter. 



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ARTICLE 502 
OUTDOOR ADVERTISING COMPANIES 

§28-502,1 Definitions. As used in this chapter, the following 
terms shall have the following meanings: 

AFFILIATE. An outdoor advertising company having a con- 
trolling interest in another outdoor advertising company or in 
which such other outdoor advertising company has a control- 
ling interest. In addition, where a person or entity has control- 
ling interests in two or more outdoor advertising companies, 
such outdoor advertising companies shall be considered affili- 
ates of each other. A "controlling interest" means actual work- 
ing control, in whatever manner exercised, including without 
limitation, control through ownership, management, debt 
instruments or negative control, as the case may be, as defined 
in rules of the department. 

OUTDOOR ADVERTISING COMPANY. A person, corpo- 
ration, partnership or other business entity that as a part of the 
regular conduct of its business engages in or, by way of adver- 
tising, promotions or other methods, holds itself out as engag- 
ing in the outdoor advertising business. 

OUTDOOR ADVERTISING BUSINESS. The business of 
selling, leasing, marketing, managing, or otherwise either 
directly or indirectly making space on signs situated on build- 
ings and premises within the city of New York available to oth- 
ers for advertising purposes, whether such advertising directs 
attention to a business, profession, commodity, service or 
entertainment conducted, sold, or offered on the same or a dif- 
ferent zoning lot and whether such sign is classified as an 
advertising sign pursuant to section 12-10 of the zoning resolu- 
tion. 

SIGN. A sign as defined in section 12-10 of the zoning resolu- 
tion except that such term shall not include any sign subject to 
regulation by the department of transportation. 

SIGN LOCATION. A building or premises on which an out- 
door advertising company is entitled to sell, lease, market, 
manage or otherwise either directly or indirectly make space on 
signs available to customers, irrespective of whether a sign 
exists on such building or premises. 

UNDER THE CONTROL OF AN OUTDOOR ADVER- 
TISING COMPANY in reference to a sign, sign structure, or 
sign location. That space on such sign, sign structure, or at such 
sign location that is sold, leased, marketed, managed or other- 
wise either directly or indirectly made available to others for 
any purposes by such outdoor advertising company. 

§28-502.2 Registration of outdoor advertising companies. 

On and after a date to be provided by rule, it shall be unlawful 
for an outdoor advertising company to engage in the outdoor 
advertising business or, by way of advertising, promotions or 
other methods, hold itself out as engaging in the outdoor adver- 
tising business unless such company is registered in accor- 
dance with this code and the rules of the department. Such rules 
shall establish a procedure pursuant to which the department 
may require the single registration of an outdoor advertising 
company and its affiliates. An outdoor advertising company 
and its affiliates made subject to single registration shall be 
considered a single outdoor advertising company for purposes 
of this code. 



§28-502.2.1 Application. Application for registration or 
the renewal of registration shall be made on forms to be fur- 
nished by the department, may be made through electronic 
means, and shall contain such information as the depart- 
ment shall prescribe. Registration shall remain in force for 
two years and may be renewed. The fee for such registration 
and for the renewal of such registration shall be established 
by rule and may be based on the number of signs in the regis- 
tered inventory. 

§28-502.2.2 Security. Each outdoor advertising company 
shall post a bond or provide another form of security to the 
city in an amount to be determined by the department by 
rule to cover: 

1 . All costs incurred by the city pursuant to this code for 
painting over, covering, rendering ineffective or for 
the removal and storage of an illegal sign or sign 
structure under the control of such outdoor advertis- 
ing company; and 

2. All fines or civil penalties imposed against such com- 
pany pursuant to this chapter. 

§28-502.3 Revocation or suspension or registration. The 

department may revoke, suspend or refuse to renew the regis- 
tration of an outdoor advertising company or impose fines or 
other penalties where it is determined by the commissioner, 
after notice and the opportunity to be heard, that (i) such com- 
pany has made statements that it knew or should have known 
are false in any application or certification filed with the depart- 
ment, (ii) such company has failed to comply with section 
28-502.3 of this code or the rules adopted pursuant to its provi- 
sions by failing to file a listing of signs, sign structures and sign 
locations under its control as specified in such section within 
the time and in the manner required by department rules or by 
filing an incomplete listing of signs, sign structures and sign 
locations under its control as specified in such section, (iii) 
such company has been found liable for or has admitted to vio- 
lations of the zoning resolution under section 28-502.5 of this 
code committed on three or more occasions within a 36 month 
period, where such violations relate to the erection, mainte- 
nance, attachment, affixing, painting or representation in any 
other manner on a building or premises of advertising signs, as 
defined in section 12-10 of the zoning resolution, at locations 
where the display of such advertising signs is not permitted 
under the zoning resolution or at locations where the display of 
such advertising signs violates the size, height, or illumination 
provisions of the zoning resolution, and such signs are located 
within a distance of nine hundred linear feet from and within 
view of an arterial highway or within 200 linear feet (60 960 
mm) from and within view of a public park with an area of one 
half acre or more, (iv) such company has failed to pay any civil 
penalties imposed or amounts owed to the city pursuant to sec- 
tion 28-502.5 of this code or, (v) such company has violated the 
department's rules pertaining to outdoor advertising compa- 
nies. No application for registration by an outdoor advertising 
company or any affiliate thereof shall be accepted for filing by 
the department for a period of five years after revocation of or 
the refusal to renew the registration of such outdoor advertising 
company pursuant to this code. The department shall not 
accept or process any applications for permits to install, erect or 
alter signs pursuant to this code or for the maintenance of signs 



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MISCELLANEOUS PROVISIONS 



pursuant to section 28-501.1 of this code where such applica- 
tions are filed by or where such signs are under the control of an 
outdoor advertising company or any affiliate thereof after the 
registration of such outdoor advertising company has been 
revoked or not renewed or during the term of any period of sus- 
pension of such registration. The commissioner may settle any 
proceeding in which the revocation, suspension or renewal. of 
an outdoor advertising company's registration is at issue upon 
such terms and conditions as he or she may deem appropriate 
including but not limited to the agreement of an outdoor adver- 
tising company to remove signs along with supporting sign 
structures as a condition for the dismissal of such proceeding. 

§28-502.4 Reporting requirement. An outdoor advertising 
company shall provide the department with a list with the loca- 
tion of signs, sign structures and sign locations under the con- 
trol of such outdoor advertising company in accordance with 
the following provisions: 

1. The list shall include all signs, sign structures and sign 
locations located (i) within a distance of 900 linear feet 
(274 m) from and within view of an arterial highway; or 
(ii) within a distance of 200 linear feet (60 960 mm) from 
and within view of a public park with an area of 7 2 acre 
(5000 m) or more. 

2. The commissioner may, by rule, expand the scope of 
such list to include the reporting of other signs, sign 
structures and sign locations, as specified in such rule, 

§28-502.4.1 Form of list. The list shall be in such form, 
containing such information and filed at such periodic inter- 
vals or upon such other conditions, as the department shall 
prescribe by rule. 

§28-502.4.2 Other required information. Such list shall 
also indicate the work permit identification numbers for the 
erection, alteration or installation of such signs pursuant to 
chapter 1 of this title and for the maintenance of such signs 
pursuant to article 501, unless a permit is not required pur- 
suant to such provisions, as well as the name and license 
number of the master or special sign hanger who hung or 
erected each such sign. 

§28-502.43 Certification of list. Such list shall be accom- 
panied by (i) a certification by an architect or engineer, 
co-signed by a responsible officer of the outdoor advertising 
company, that all signs reported on such list are in compli- 
ance with the zoning resolution; (ii) copies of proof that the 
sign complies with the zoning resolution and a certification 
by the sign's owner that to the best of the certifier's knowl- 
edge and belief the information provided is accurate, or (iii) 
a written opinion by the department, stating that the sign to 
which the opinion refers complies with the zoning resolu- 
tion. Notwithstanding any inconsistent provision of this 
code, where, in accordance with the department's rules, the 
department renders an opinion, determination or decision 
relating to whether a sign is non-conforming or whether it is 
located in proximity to an arterial highway as defined by the 
zoning resolution, such decision, determination or opinion 
will be appealable to the board of standards and appeals in 
accordance with applicable law. If a timely appeal to such 
board is taken, the department shall not issue a notice of vio- 



lation with respect to such sign pending a determination of 
such appeal by such board. 

§28-502.4.4 Public access to list. The commissioner shall 
make all listings filed pursuant to this article accessible to 
the public. 

§28-502.5 Display of name and registration number of out- 
door advertising company. On and after a date to be pre- 
scribed by rule, the commissioner shall require that each 
outdoor advertising company display, in a manner to be pro- 
vided by rule, on each sign under its control or on the building 
or premises where each sign under its control is located or both, 
(i) the name and registration number of such company and, (ii) 
unless a permit is not required, the work permit identification 
number for the installation, alteration or erection of the sign 
pursuant to chapter 1 of this code and, if applicable, for the 
maintenance of the sign pursuant to article 501 . 

§28-502.6 Criminal and civil penalties. Outdoor advertising 
companies that violate the zoning resolution, this code, the 
1968 building code or rules of the department shall be subject 
to criminal and civil penalties in accordance with this article. 

§28-502.6.1 General. Notwithstanding any other provision 
of law, an outdoor advertising company shall be liable for a 
civil penalty in accordance with this article if a sign under its 
control has been erected, maintained, attached, affixed, 
painted on, or in any other manner represented on a building 
or premises in violation of any provision of the zoning reso- 
lution, this code, the 1968 building code or rules adopted 
pursuant thereto relating to signs. 

§28-502.6.2 Unlawful for outdoor advertising company 
to sell space on illegal sign. It shall be unlawful for an out- 
door advertising company to sell, lease, market, manage or 
otherwise make available to others for advertising purposes 
space on a sign that has been erected, maintained, attached, 
affixed, painted on or in any other manner represented on a 
building or premises in violation of any provision of the 
zoning resolution, this code, the 1968 building code or rules 
adopted pursuant thereto or to enter into any agreement for 
such purpose. 

§28-502.6.3 Unlawful to transfer sign to unregistered 
outdoor advertising company. On and after a date to be 
provided by rule, it shall be unlawful for an outdoor adver- 
tising company to sell or otherwise transfer control of a sign 
or sign location or of any right of such company to sell, 
lease, market, manage or otherwise make space on a sign or 
at a sign location available to others for advertising purposes 
to an outdoor advertising company that is not registered in 
accordance with this article and the rules of the department. 

§28-502.6.4 Civil penalty. An outdoor advertising com- 
pany that violates any of the provisions of this article shall 
be subject to a civil penalty of, for a first violation, not more 
than fifteen thousand dollars and, for a second or subse- 
quent violation, not more than twenty-five thousand dollars. 
Each day's continuance shall be a separate and distinct vio- 
lation. 

§28-502.6.5 Criminal penalty. Notwithstanding any 
inconsistent provision of law, an outdoor advertising com- 
pany shall, upon being found guilty, be subject to fines or 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-79 



MISCELLANEOUS PROVISIONS 



imprisonment or both pursuant to this code if a sign under its 
control has been erected, maintained, attached, affixed, 
painted on, or in any other manner represented on a building 
or premises in violation of any provision of the zoning reso- 
lution, this code, the 1968 building code or rules adopted 
pursuant thereto relating to signs. 

§28-502.6.6 Activity by unregistered company. On and 

after a date to be provided by rule, an outdoor advertising 
company that engages in the outdoor advertising business 
or, by way of advertisement, promotion or other methods 
holds itself out as engaging in the outdoor advertising busi- 
ness without registering with the department pursuant to 
this chapter, or, after such registration has been revoked or 
not renewed pursuant to this code continues to engage in 
such business beyond a date specified by the commissioner 
in his or her determination to revoke or not renew, shall be 
guilty of a misdemeanor subject to a fine not to exceed five 
thousand dollars or a sentence of imprisonment of not more 
than one year or both such fine and imprisonment for each 
offense, in the case of a continuing violation each day's con- 
tinuance shall be a separate and distinct violation. Such 
company shall also be liable for a civil penalty of, for a first 
violation, not more than fifteen thousand dollars and, for a 
second or subsequent violation, not more than twenty-five 
thousand dollars. Each day's continuance shall be a separate 
and distinct violation. 

§28-502.6.7 Venue. Civil penalties may be recovered in an 
action in any court of appropriate jurisdiction or in a pro- 
ceeding before the environmental control board. Such board 
shall have the power to impose the civil penalties provided 
for in this article. Notwithstanding the provisions of section 
six hundred sixty-six of the charter, a notice of violation 
issued by the department pursuant to this article shall not be 
subject to review by the board of standards and appeals. 

§28-502.7 Signs under control of unregistered outdoor 
advertising company are public nuisance. On and after a 
date to be provided by rule, it shall be unlawful to erect, main- 
tain, attach, affix, paint on, or in any other manner represent on 
a building or premises any sign that is under the control of an 
unregistered outdoor advertising company. In addition to or as 
an alternative to any other remedies or penalties provided under 
any other provision of law, the commissioner may commence a 
proceeding for the removal of such sign or its sign structure or 
both in accordance with the procedures set forth in this code for 
the abatement of a nuisance and any such sign and its sign 
structure is hereby declared to be a public nuisance pursuant 
thereto. All of the provisions of article 503 of this chapter shall 
apply to the removal of a sign pursuant to this article except that 
a sign under the control of an unregistered outdoor advertising 
company may be removed whether or not it is in compliance 
with the zoning resolution, this code, the 1968 building code or 
rules adopted pursuant thereto, and irrespective of whether it 
has a surface area greater than 200 square feet (19 m 2 ). 

§28-502.8 Franchise or concession disqualification. Not- 
withstanding any other provision of law to the contrary, an out- 
door advertising company, or any affiliate thereof, that has 
been found guilty of a misdemeanor or liable for a civil penalty 
pursuant to this article or whose registration has been revoked 
shall be considered ineligible for the award of any city fran- 



chise or concession, and shall be prohibited from administer- 
ing any advertising program on behalf of a city franchisee or 
concessionaire, for a period of five years following judgment 
or decision. 

§28-502.9 Investigations. The department may investigate 
any matter within the jurisdiction conferred by this chapter and 
shall have full power to compel the attendance, examine and 
take testimony under oath of such persons as it may deem nec- 
essary in relation to such investigation, and to require the pro- 
duction of books, accounts, papers and other evidence relevant 
to such investigation. The department of investigation may, at 
the request of the commissioner, assist the department in any 
investigation conducted pursuant to this article. 



ARTICLE 503 
NUISANCE ABATEMENT FOR ILLEGAL SIGNS 

§28-503.1 General. A sign with a surface area greater than 200 
square feet (19 m 2 ) that is erected, maintained, attached, 
affixed, painted on, or in any other manner represented on a 
building or premises in violation of the zoning resolution, this 
code, the 1968 building code or rules adopted pursuant thereto 
is hereby declared to be a public nuisance. The commissioner 
may, after notice and hearing, order the removal of such illegal 
sign or its sign structure or both, as hereinafter provided. 

§28-503.2 Notice. The commissioner shall serve a notice of 
hearing with regard to the proposed nuisance abatement on the 
owner and mortgagee of record of the building or premises and 
other persons having a recorded interest in the property in the 
manner provided in article 212 of chapter 2 of this title for the 
service of an order of closure. If the sign is under the control of 
an outdoor advertising company and an address for such com- 
pany is reasonably ascertainable, the notice shall also be served 
on such outdoor advertising company by mail to the last known 
address for such company or, if such company is registered in 
accordance with section 28-502.2, at the address provided to 
the department by the registrant. 

§28-503.3 Hearing. The office of administrative trials and 
hearings shall conduct the hearing. The administrative law 
judge assigned to hear the matter shall submit his or her pro- 
posed findings of fact and recommended disposition to the 
commissioner. If based on such recommended disposition, 
proposed findings of fact and the record of the hearing the com- 
missioner determines (i) that the sign has a surface area greater 
than 200 square feet (19 m 2 ) and, (ii) that the sign has been 
erected, maintained, attached, affixed, painted on, or in any 
other manner represented on the building or premises in viola- 
tion of the zoning resolution, this code, the 1968 building code 
or rules adopted pursuant thereto, he or she may order the 
removal of the illegal sign or its sign structure or both. 

§28-503.3.1 Lack of knowledge no defense. At such hear- 
ing it shall not be a defense that an owner or other person 
having an interest in the property lacked knowledge of or 
did not participate in the erection or maintenance of the ille- 
gal sign. 

§28-503.4 Posting of order. The commissioner's order of 
removal shall be posted, mailed and filed in the manner pro- 
vided in this code for an order of closure. 



A-80 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



MISCELLANEOUS PROVISIONS 



§28-503.5 Enforcement of order. On or after the tenth busi- 
ness clay after the posting of such order and upon the written 
directive of the commissioner, police officers and authorized 
representatives of the department shall act upon and enforce 
such order by removing, covering, painting over or otherwise 
rendering ineffective the illegal sign or its sign structure or 
both. Such work shall at all times be performed by a licensed 
sign hanger where required by law. Nothing in this article shall 
be construed to prohibit an owner or other person having an 
interest in the property from removing or causing the removal 
of an i 1 legal sign or its sign structure prior to the arrival of such 
enforcement officers. On and after the posting of such removal 
order, no further permits for signs shall be issued for such 
building or premises pursuant to this code and, if the sign struc- 
ture is not removed, no further display shall be exhibited on 
such sign structure unless and until the commissioner rescinds 
such order. 

§28-503.6 Rescission of order. The commissioner may 
rescind the order if the owner or other person having an interest 
in the building or premises provides assurance in a form satis- 
factory to the commissioner that all signs erected or maintained 
at such building or premises will be in compliance with the 
zoning resolution, this code, the 1968 building code or rules 
adopted pursuant to such provisions. If such order is rescinded, 
the commissioner shall, upon request of such owner, mort- 
gagee or other person, provide a certified copy of such rescis- 
sion which may be filed with the county clerk or register of the 
county in which such building or premises is located. 

§28-503.7 Costs. The costs and expenses for painting over, 
covering, rendering ineffective or for the removal and storage 
of such sign and its sign structure may be recovered from the 
owner of the premises or, if the illegal sign is under the control 
of an outdoor advertising company and notice was served on 
such company in accordance with this article, from such out- 
door advertising company. Such amounts may be recovered by 
the city in an action or proceeding in any court of appropriate 
jurisdiction and, with respect to amounts owed by an outdoor 
advertising company, by drawing upon any bond posted or 
other security provided by such company pursuant to section 
28-502.2. Nothing in this article shall be construed to limit the 
ability of an owner to seek recovery of such costs and expenses 
from any other party. 

§28-503.8 Lien. In addition, such costs and expenses shall con- 
stitute a lien on the land and building on which the sign was 
located which may be entered and enforced pursuant to the pro- 
visions of this code in the same manner as an unpaid fee. 

§28-503.9 Storage and disposal. The commissioner shall 
adopt rules to provide for the storage and disposal of any sign 
or sign structure removed pursuant to this article. If the identity 
and address of the owner of such property is reasonably ascer- 
tainable, notice of the removal shall be sent to the owner within 
a reasonable period of time after the removal. If such property 
is not claimed within thirty days after its removal, it shall be 
deemed to be abandoned and may be sold at a public auction 
after having been advertised in the City Record and the pro- 
ceeds paid into the general fund or if the commissioner deter- 
mines that the property is not saleable, he or she may turn over 
such property to the department of sanitation for disposal. 
Property removed pursuant to this article shall be released to 



the owner or other person lawfully entitled to possession upon 
payment of the costs of removal and storage as set forth in the 
rules of the department and any fines or civil penalties imposed 
for the violation or, if an action or proceeding for the violation 
is pending in court or before the environmental control board, 
upon the posting of a bond or other form of security acceptable 
to the department in an amount which will secure the payment 
of such costs and any fines or civil penalties which may be 
imposed for the violation. 

§28-503.10 Definitions. For the purposes of this article the 
terms "sign" and "surface area," in reference to a sign, shall be 
as defined under section 12-10 of the zoning resolution. 

§28-503.11 Review of order. An order of the commissioner 
issued pursuant to this article shall be a final determination of 
the commissioner for purposes of review pursuant to article 
seventy-eight of the civil practice law and rules. Notwithstand- 
ing any inconsistent provision of paragraph (a) of subdivision 
six of section six hundred sixty-six of the New York city char- 
ter, such order shall not be subject to review by the board of 
standards and appeals. 



NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



A-81 



A-82 NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS 



TABLE OF CONTENTS 
MECHANICAL CODE 



CHAPTER 1 ADMINISTRATION I 

Section 

MC 101 General 1 

MC 102 Applicability 1 

MC 103 Department of Buildings 1 

MC 104 Duties and Powers of the Commissioner of 

Buildings 1 

MC 1 05 Permits 2 

MC 106 Construction Documents 2 

MC 107 Inspections and Testing 3 

MC 108 Violations 4 

CHAPTER 2 DEFINITIONS 5 

Section 

MC201 Genera] 5 

MC 202 Genera] Definitions 5 

CHAPTER 3 GENERAL REGULATIONS 15 

Section 

MC301 General 15 

MC 302 Protection of Structure 15 

MC 303 Equipment and Appliance Location 16 

MC 304 Installation 17 

MC 305 Piping Support 17 

MC 306 Access and Service Space 18 

MC 307 Condensate Disposal 19 

MC 308 Clearance Reduction 20 

MC 309 Temperature Control 20 

MC 310 Explosion Control 21 

MC 3 1 1 Smoke and Heat Vents 21 

MC 312 Heating and Cooling Load Calculations .... 21 

CHAPTER 4 VENTILATION 23 

Section 

MC 401 General 23 

MC 402 Natural Ventilation 24 

MC 403 Mechanical Ventilation 24 

MC 404 Enclosed Parking Garages 27 

MC 405 Systems Control 27 

MC 406 Ventilation of Uninhabited Spaces 27 

MC 407 Ventilation of Nonproduction Chemical 

Laboratories 27 



CHAPTER 5 EXHAUST SYSTEMS 29 

Section 

MC501 General 29 

MC 502 Required Systems 29 

MC 503 Motors and Fans 36 

MC 504 Clothes Dryer Exhaust 36 

MC 505 Domestic Kitchen Equipment Exhaust 37 

MC 506 Commercial Kitchen Hood Ventilation 

System Ducts And Exhaust Equipment. . . 37 

MC 507 Commercial Kitchen Hoods 42 

MC 508 Commercial Kitchen Makeup Air 44 

MC 509 Fire Suppression Systems 44 

MC 510 Hazardous Exhaust Systems 44 

MC 51 1 Dust, Stock and Refuse Conveying Systems. 46 

MC 512 Subslab Soil Exhaust Systems 46 

MC 513 Smoke Control Systems 47 

MC 514 Energy Recovery Ventilation Systems 52 

MC 515 Postfire Smoke Purge Systems 52 

CHAPTER 6 DUCT SYSTEMS 53 

Section 

MC 601 General 53 

MC 602 Plenums 53 

MC 603 Duct Construction and Installation . 54 

MC 604 Insulation 56 

MC 605 Air Filters 57 

MC v606 Smoke Detection Systems Control 57 

MC 607 Ducts and Air Transfer Openings 58 

MC 608 Air Outlets and Air Inlets 62 

MC 609 Service Openings 63 

CHAPTER 7 COMBUSTION AIR 65 

Section 

MC 701 General 65 

MC 702 Inside Air 65 

MC 703 Outdoor Air 65 

MC 704 Combined Use of Inside and 

Outdoor Air (Condition 1) ..66 

MC 705 Combined Use of Inside and 

Outdoor Air (Condition 2) 66 

MC 706 Forced Combustion Air Supply 66 

MC 707 Direct Connection 67 



2008 NEW YORK CITY MECHANICAL CODE 



TABLE OF CONTENTS 



MC 708 Combustion Air Ducts 67 

MC 709 Opening Obstructions 67 

MC 710 Opening Location and Protection 67 

CHAPTER 8 CHIMNEYS AND VENTS 69 

Section 

MC 801 General 69 

MC802 Vents 71 

MC 803 Connectors 72 

MC 804 Direct-Vent, Integral Vent, Mechanical 

Draft Systems 73 

MC 805 Factory-Built Chimneys 75 

MC 806 Metal Chimneys 75 

MC 807 Changes in Appliance Fuels 75 

MC 808 Reduction of Flue Size 76 

MC 809 Chimney Supported from Equipment 76 

MC 810 Test Run and Smoke Test 76 

MC 8.1.1 Exhaust Gases from Internal 

Combustion Engines 76 

CHAPTER 9 SPECIFIC APPLIANCES, 

FIREPLACES AND SOLID FUEL- 
BURNING EQUIPMENT 77 

Section 

MC 901 General 77 

MC 902 Masonry Fireplaces 77 

MC 903 Factory -Built Fireplaces 77 

MC 904 Pellet Fuel-Burning Appliances 77 

MC 905 Fireplace Stoves and Room Heaters ....... 77 

MC 906 Factory-Built Barbecue Appliances 78 

MC 907 Incinerators and Crematories 78 

MC 908 Cooling Towers, Evaporative 

Condensers and Fluid Coolers 78 

MC 909 Vented Wall Furnaces 78 

MC 910 Floor Furnaces 79 

MC 91 1 Duct Furnaces 79 

MC 912 Infrared Radiant Heaters 79 

MC 913 Clothes Dryers 80 

MC 914 Sauna Heaters 80 

MC 91.5 Engine and Gas Turbine-Powered 

Equipment and Appliances 80 

MC 916 Pool and Spa Heaters 80 

MC 917 Cooking Appliances 80 

MC 918 Forced-Air Warm-Air Furnaces 81 

MC 919 Conversion Burners 82 

MC 920 Unit Heaters 82 



MC 921 Vented Room Heaters 82 

MC 922 Kerosene and Oil -Fired Stoves 82 

MC 923 Small Ceramic Kilns 82 

MC 924 Stationary Fuel Cell Power Plants 82 

MC 925 Masonry Heaters 82 

MC 926 Noise Control Requirements 82 

CHAPTER 10 BOILERS, WATER HEATERS 

AND PRESSURE VESSELS 85 

Section 

MC 1001 General 85 

MC 1002 Water Heaters 85 

MC 1003 Pressure Vessels 85 

MC 1004 Boilers 85 

MC 1005 Boiler Connections 86 

MC 1006 Safety and Pressure Relief Valves 

and Controls 86 

MC 1007 Boiler Low- Water Cutoff 87 

MC 1008 Boiler Blowoff/Blowdown Valves 87 

MC 1009 Hot Water Boiler Expansion Tank 87 

MC 1010 Gauges 88 

MC 1011 Tests .... 88 

CHAPTER 11 REFRIGERATION 89 

Section 

MC 1 101 General 89 

MC 1 102 System Requirements 89 

MC 1103 Refrigeration System Classification 90 

MC 1104 System Application Requirements 94 

MC 1 105 Machinery Room, General Requirements ... 95 

MC 1106 Machinery Room, Special Requirements ... 97 

MC 1 107 Refrigerant Piping 97 

MC 1 108 Field Test 98 

MC 1 109 Periodic Testing 99 

CHAPTER 12 HYDRONIC PIPING 101 

Section 

MC 1201 General 101 

MC 1202 Material 101 

MC 1203 Joints and Connections 101 

MC 1204 Pipe Insulation 103 

MC 1205 Valves 103 

MC 1206 Piping Installation 103 

MC 1207 Transfer Fluid 104 

MC 1208 Tests 104 

MC 1209 Embedded Piping 104 



XXII 



2008 NEW YORK CITY MECHANICAL CODE 



TABLE OF CONTENTS 



MC 1210 High-Pressure Steam Piping Sytems 104 

CHAPTER 13 FUEL-OIL PIPING 

AND STORAGE 107 

Section 

MC 1301 General 107 

MC 1302 Material 107 

MC 1303 Joints and Connections 108 

MC 1304 Piping Support 108 

MC 1305 Fuel-Oil System Installation 108 

MC 1306 Oil Gauging 115 

MC 1307 Fuel-Oil Valves 116 

MC 1308 Testing 116 

CHAPTER 14 SOLAR SYSTEMS 117 

Section 

MC 1401 General 117 

MC 1402 Installation 117 

MC 1403 Heat Transfer Fluids 118 

MC 1404 Materials 118 

CHAPTER 15 REFERENCED STANDARDS 119 

Section 

MC 1501 General 119 

MC 1502 Standards 1 19 

APPENDIX A COMBUSTION AIR OPENINGS AND 
CHIMNEY CONNECTOR 
PASS-THROUGHS 127 

APPENDIX B RESERVED 131 

INDEX RESERVED 133 



2008 NEW YORK CITY MECHANICAL CODE 



2008 NEW YORK CITY MECHANICAL CODE 



CHAPTER 1 

ADMINISTRATION 



SECTION MC 101 
GENERAL 

101.1 Title. This code shall be known and may be cited as the 
"New York City Mechanical Coder "NYCMC" or "MC." All 
section numbers in this code shall be deemed to be preceded by 
the designation "MC." 

101.2 Scope. This code shall regulate the design, installation, 
maintenance, alteration and inspection of mechanical systems 
that are permanently installed and utilized to provide control of 
environmental conditions and related processes within build- 
ings. This code shall also regulate those mechanical systems, 
system components, equipment and appliances specifically 
addressed herein. The installation of fuel gas distribution pip- 
ing and equipment, fuel gas-fired appliances and fuel gas-fired 
appliance venting systems shall be regulated by the New York 
City Fuel Gas Code. 

101.3 Intent. The purpose of this code is to provide minimum 
standards to safeguard life or limb, health, property and public 
welfare by regulating and controlling the design, construction, 
installation, quality of materials, location, operation and main- 
tenance or use of mechanical systems. 

101.4 Severability. If a section, subsection, sentence, clause or 
phrase of this code is, for any reason, held to be unconstitu- 
tional, such decision shall not affect the validity of the remain- 
ing portions of this code. 



SECTION MC 102 
APPLICABILITY 

102.1 General. The provisions of this code shall apply to all 
matters affecting or relating to structures and premises, as set 
forth in Section 101. Where, in a specific case, different sec- 
tions of this code specify different materials, methods of con- 
struction or other requirements, the most restrictive shall 
govern. 

102.2 Existing installations. Except as otherwise provided for 
in this chapter or elsewhere in this code, a provision in this code 
shall not require the removal, alteration or abandonment of, nor 
prevent the continued utilization and maintenance of, a 
mechanical system lawfully in existence on the effective date 
of this code. 

102.3 Maintenance. Mechanical systems, both existing and 
new, and parts thereof shall be maintained in proper operating 
condition in accordance with the original design and in a safe 
and sanitary condition. Devices or safeguards that are required 
by this code shall be maintained in compliance with the appli- 
cable provisions under which they were installed. The owner 
shall be responsible for maintenance of mechanical systems. 
To determine compliance with this provision, the commis- 
sioner shall have the authority to require existing mechanical 
systems to be inspected. 



102.4 Additions, alterations or repairs. Additions, alter- 
ations, renovations or repairs to a mechanical system shall con- 
form to requirements for a new mechanical system without I 
requiring the existing mechanical system to comply with all of 
the requirements of this code. Additions, alterations or repairs 
shall not cause an existing mechanical system to become 
unsafe, hazardous or overloaded. Minor additions, alterations, 
renovations and repairs to existing mechanical systems shall 
meet the provisions for new construction, unless such work is 
done in the same manner and arrangement as was in the exist- 
ing system, is not hazardous and is approved. 

102.5 Change in occupancy. Refer to Chapter 1 of Title 28 of I 
the Administrative Code. I 

102.6 Reserved. I 

102.7 Reserved. I 

102.8 Referenced standards. The standards referenced herein 
shall be those that are listed in Chapter 15 and in the rules of the I 
department and such standards shall be considered as part of I 
the requirements of this code to the prescribed extent of each 
such reference. Where differences occur between provisions of 
this code and the referenced standards, the provisions of this 
code shall apply. Refer to Article 1 03 of Chapter 1 of Title 28 of I 
the Administrative Code for additional provisions relating to I 
referenced standards. ■ 

102.9 Requirements not covered by this code. Requirements 
necessary for the strength, stability or proper operation of an 
existing or proposed mechanical system, or for the public 
safety, health and general welfare, not specifically covered by 
this code, shall be determined by the commissioner. I 



SECTION MC 103 
DEPARTMENT OF BUILDINGS 

103.1 General. Refer to the New York City Charter and Chap- 
ter 1 of Title 28 of the Administrative Code. 



SECTION MC 104 

DUTIES AND POWERS OF THE COMMISSIONER 

OF BUILDINGS 

104.1 General. The commissioner shall have the authority to 
render interpretations and to adopt rules establishing policies, 
and procedures to clarify and implement the provisions of this 
code. Such interpretations and rules shall be in compliance 
with the intent and purpose of this code. Refer to the New York 
City Charter and Chapter 1 of Title 28 of the Administrative 
Code for additional provisions relating to the authority of the 
Commissioner of Buildings. 



2008 NEW YORK CITY MECHANICAL CODE 



ADMINISTRATION 



SECTION MC 105 
PERMITS 

105.1 General. Permits shall comply with this section, with 
Article 1.05 of Chapter .1 of Title 28 of the Administrative Code, 
and with requirements found elsewhere in this code. 

105.2 Required. Any owner or authorized agent who intends 
to construct, add to, alter, repair, move, demolish, or change the 
occupancy of a building or structure, or to erect, install, add to, 
alter, repair, remove, convert or replace any gas, mechanical or 
plumbing system, the installation of which is regulated by this 
code, or to cause any such work to be done, shall first make 
application for construction document approval in accordance 
with Chapter 1 of Title 28 of the Administrative Code and this 
chapter and obtain the required permit. 

105.3 Work exempt from permit. Exemptions from permit 
requirements of this code as authorized in Chapter 1 of Title 28 
of the Administrative Code and the rules of the department 
shall not be deemed to grant authorization for any work to be 
done in any manner in violation of the provisions of this code or 
any other laws or rules. 

105.4 Validity of permit. The issuance or granting of a permit 
shall not be construed to be a permit for, or an approval of, any 
violation of any of the provisions of this code or of any other 
law. Permits presuming to give authority to violate or cancel the 
provisions of this code or other law shall not be valid. The issu- 
ance of a permit based on construction documents and other 
data shall not prevent the commissioner from requiring the cor- 
rection of errors in the construction documents and other data. 
The commissioner is also authorized to prevent occupancy or 
use of a structure where in violation of this code or of any other 
law. 



SECTION MC 106 
CONSTRUCTION DOCUMENTS 

106.1 General. Construction documents shall comply with 
Article 104 of Chapter 1 of Title 28 of the Administrative Code 
and other applicable provisions of this code and its referenced 
standards. Such construction documents shall be coordinated 
with architectural, structural and means of egress plans. 

106.2 Required documents. The applicant shall submit all of 
the documents specified in Sections 106.3 through 106.10 as 
appropriate to the nature and extent of the work proposed. Con- 
struction documents shall indicate the heating, ventilation, 
refrigeration, and other mechanical work to be performed, so 
drawn as to conform to the architectural and structural aspects 
of the building and to show in detail compliance with this code. 

106.2.1 Composite plans. Composite plans showing com- 
pliance of architectural, structural, and mechanical parts of 
a building may be submitted provided that a clear under- 
standing of each part is not impaired. 

106.3 Lot diagram. The lot diagram shall be provided where 
applicable to the work proposed, including but not limited to 
the installation of exterior or rooftop equipment. 



106.4 Building classification statement. Where applicable to 
the proposed work, the statement shall identify: 

1 . The occupancy group or groups that apply to parts of the 
building in accordance with Section 302 of the New York 
City Building Code; 

2. The occupancy group of the main use or dominant occu- 
pancy of the building; 

3. The construction class of the building in accordance with 
Section 602 of the New York City Building Code; 

4. The structural occupancy category in accordance with 
Table 1604.5 of the A^vv York City Building Code; 

5. The height of the building as defined in Section 502.1 of 
the New York City Building Code; 

6. The applicable measurements to the highest and lowest 
level of fire department access; and 

7. Whether the building is inside or outside of the fire dis- 
tricts. 

106.5 Fuel-burning and fuel-oil storage equipment plans. 

Construction documents for fuel -burning and fuel -oil storage 
equipment shall contain plans that include the following data 
and information: 

1. Diagrams of all distribution piping, including vent and 
fill piping for oil systems, and all safety cut-off and 
relief devices and valves in piping; indications of the 
sizes of distribution piping to be used and the fire-resis- 
tive ratings of the shafts or spaces containing distribu- 
tion piping where required to be fire rated. 

2. Diagrammatic floor plans showing the size, location, 
material for all fuel oil and transfer distribution piping 
and related equipment. 

3. Floor plans or partial floor plans showing the location, 
layout, size, and listing information for all fuel-burning 
equipment, tanks, vents, and chimneys. The plans shall 
also indicate the method or means of providing air to 
the equipment space, including duct and opening sizes. 

4. Plans indicating the location and type of any relevant 
smoke and heat detectors, alarm and fire extinguishing 
systems. 

5. Seismic protection and restraint details for piping and 
equipment as required by Chapter 16 of the New York 
City Building Code. 

6. Details indicating the location, size and materials for all 
breechings; the thickness and type of insulation materi- 
als; and the clearances from combustible walls, parti- 
tions, and ceiling; and the fire-resistive ratings of 
rooms and spaces containing the equipment. 

7. Details describing the type, material, listing informa- 
tion, height, and termination distances to adjacent 
properties and structures for chimneys and vents. 

8. Details showing structural supports for fuel-burning 
equipment where required. 



2008 NEW YORK CITY MECHANICAL CODE 



ADMINISTRATION 



9. A statement as to the kind or grade of fuel to be used. 

10. Plans indicating the location, arrangement, size, load, 
and maximum capacity of the burning, storage and 
fuel-pumping equipment. 

11. In areas of special flood hazards, construction docu- 
ments shall comply with Appendix G of the New York 
City Building Code. 

106.6 Heating systems. Construction documents for heating 
systems shall include the temperature to be maintained in every 
room and the output capacity in BTU per hour of the central 
heating source. 

106.7 Boilers. Construction documents for boiler installations 
shall indicate the output capacity in BTU per hour, the operat- 
ing weight of each boiler, the pressure setting of the relief 
valves, and such other data and information as required by this 
code. 

106.8 Air-conditioning and ventilating systems. Construc- 
tion documents for air-conditioning and ventilating systems 
shall contain plans that include the following data and informa- 
tion: 

1 . The location and sizes of all ducts; the location of all fire 
and smoke dampers, motors, fans, and filters; the type, 
air capacity, and size of all equipment; and where not 
shown on accompanying structural plans, the operating 
weight and manner of support of equipment. 

2. The locations of smoke detecting devices. 

3. The location and size of the fresh air intake, the design 
population, and the required ventilation for each room or 
space. 

4. The amount of air to be exhausted or supplied from each 
outlet for each room or space. 

5. In the case of ventilating or exhaust systems for ranges, 
fryers, ovens, and other similar types of restaurant or 
bakery equipment, for which a hood is required, the 
plans shall also show the type of extinguishing system, 
the location of heat detection devices, nozzles, piping, 
gas controls, manual and automatic control valves, 
method of joining ducts, method and location of dis- 
charging exhaust from building, the location of 
break-glass controls, and the quantity in cfm designed 
for each hood. 

106.9 Refrigerating systems. Construction documents for 
refrigerating systems shall contain plans that include the fol- 
lowing data and information: 

1. The location of all machinery; the horsepower of com- 
pressors; the type and number of pounds of refrigerant to 
be used; and the air quantities for, and means of, ventilat- 
ing the machinery space. 

2. The location of emergency switches for compressors and 
for ventilation in the machinery rooms. 

3. The location of pressure relief piping and any city water 
connections and water-saving devices. 

4. The tonnage capacity of the machine and the suction and 
discharge pressures at which the machine is rated. 



5. The operating weight of the equipment. 

6. The class of refrigerant utilized. 

106.10 Energy efficiency. Construction documents shall 
include a statement by the registered design professional of 
record that: "To the best of my knowledge, belief and profes- 
sional judgment, these plans and specifications are in compli- 
ance with the Energy Conservation Cons miction Code of New 
York State" In addition, the following requirements shall 
apply: 

1. A lead energy professional shall be identified for each 
project, who shall draw the relevant information regard- 
ing envelope, mechanical systems, service water heating 
system and lighting and power systems from construc- 
tion documents into an energy analysis. The energy anal- 
ysis shall balance total energy consumption of all 
systems in accordance with the Energy Conservation 
Construction Code of New York State and shall be signed 
and sealed by the lead energy professional. 

2. The format for the energy analysis shall be as established 
in the Energy Conservation Construction Code of New 
York State, or as approved by the department, and shall 
comprise a sheet within the drawing set. Supporting doc- 
umentation shall be available within the drawing set or 
upon request of the department. 



SECTION MC 107 
INSPECTIONS AND TESTING 

107.1 General. Except as otherwise specifically provided, 
inspections required by this code or by the department during 
the progress of work may be performed on behalf of the owner 
by approved agencies or, if applicable, by special inspectors. 
However, in the interest of public safety, the commissioner may 
direct that any of such inspections be performed by the depart- 
ment. All inspections shall be performed at the sole cost and 
expense of the owner. Refer to Article 1 16 of Chapter 1 of Title 
28 of the Administrative Code for additional provisions relat- 
ing to inspections. In addition to any inspections otherwise 
required by this code or applicable rules, the following inspec- 
tions shall be required: 

1. Progress inspections. 

1.1. Underground inspection shall be made after 
trenches or ditches are excavated and bedded, 
piping installed, and before backfill is put in 
place. When excavated soil contains rocks, bro- 
ken concrete, frozen chunks and other rubble that 
would damage or break the piping or cause corro- 
sive action, clean backfill shall be on the job site. 

Exception: Ground-source heat pump loop 
systems tested in accordance with Section 
1208.1.1 shall be permitted to be backfilled 
prior to inspection. 

1 .2. Rough-in inspection shall be made after the roof, 
framing, fireblocking and bracing are in place 
and all ducting and other components to be con- 
cealed are complete, and prior to the installation 
of wall or ceiling membranes. 



2008 NEW YORK CITY MECHANICAL CODE 



ADMINISTRATION 



2. Special inspections. Special inspections shall be per- 
formed in accordance with this code and Chapter 17 of 
the New York City Building Code. 

3. Final inspection. Refer to Article 1.1.6 of Chapter 1 of 
Title 28 of the Administrative Code. 

4. Issuance of Certificate of Compliance. Upon satisfac- 
tory inspection of service equipment and the satisfaction 
of all the requirements for sign-off, the department shall 
issue a certificate of compliance as applicable for the fol- 
lowing service equipment: 

4.1. Air conditioning and ventilation systems, 

4.2. Fuel-burning and fuel-oil storage equipment, 
including generators, 

4.3. Refrigeration systems, 

4.4. Heating systems, and 

4.5. Boilers. 

The requirements of Section 107. 1 shall not be considered to 
prohibit the operation of any heating equipment or appliances 
installed to replace existing heating equipment or appliances 
serving an occupied portion of a structure provided that a 
request for inspection of such heating equipment or appliances 
has been filed with the department not more than 48 hours after 
such replacement work is completed, and before any portion of 
such equipment or appliances is concealed by any permanent 
portion of the structure. 

107.1.1 Approved inspection agencies. Refer to Articles 
114 and 115 of Chapter 1 of Title 28 of the Administrative 
Code. 

107.1.2 Inspection of prefabricated construction assem- 
blies. Prior to the approval of a prefabricated construction 
assembly having concealed mechanical work and the issu- 
ance of a permit, the department shall require the submittal 
of an evaluation report by an approved agency on each pre- 
fabricated construction assembly, indicating the complete 
details of the mechanical system, including a description of 
the system and its components, the basis upon which the 
system is being evaluated, test results and similar informa- 
tion, and other data as necessary for the commissioner to 
determine conformance to this code. 

107.1.2.1 Test and inspection records. Required test 
and inspection records shall be available to the commis- 
sioner at all times during the fabrication of the mechani- 
cal system and the erection of the building; or such 
records as the commissioner designates shall be filed. 

107.2 Testing. Mechanical systems shall be tested as required 
in this code and in accordance with. Sections 107.2.1 through 
107.2.3. Tests shall be made by the permit holder and wit- 
nessed by the department or an approved agency. 

107.2.1 New, altered, extended or repaired systems. New 

mechanical systems and parts of existing systems, that have 
been altered, extended, renovated or repaired, shall be tested 
as prescribed herein to disclose leaks and defects. 

107.2.2 Apparatus, material and labor for tests. Appara- 
tus, material and labor required for testing a mechanical sys- 
tem or part thereof shall be furnished by the permit holder. 



107.2.3 Reinspection and testing. Where any work or 
installation does not pass an initial test or inspection, the 
necessary corrections shall be made so as to achieve compli- 
ance with this code. The work or installation shall then be 
resubmitted to the department for inspection and testing. 

107.3 Sign-off of completed work. Refer to Article 1 16 of 

Chapter 1 of Title 28 of the Administrative Code. 

107.4 Temporary connection. The commissioner shall have 
the authority to authorize the temporary connection of a 
mechanical system to the sources of energy for the purpose of 
testing mechanical systems or for use under a temporary certif- 
icate of occupancy. 



SECTION MC 108 
VIOLATIONS 

108.1 General. Refer to Chapters 2 and 3 of Title 28 of the 
A dmin istra ti ve Code. 



2008 NEW YORK CITY MECHANICAL CODE 



CHAPTER 2 

DEFINITIONS 



SECTION MC 201 
GENERAL 

201.1 Scope. Unless otherwise expressly stated, the following 
words and terms shall, for the purposes of this code, have the 
meanings indicated in this chapter. 

201.2 Interchangeability. Words used in the present tense 
include the future; words in the masculine gender include the 
feminine and neuter; the singular number includes the plural 
and the plural, the singular. 

201.3 Terms defined in other codes. Where terms are not 
defined in this code and are defined in the New York City Build- 
ing Code, the New York City Electrical Code, the New York City 
Fire Code, the New York City Fuel Gas Code or the New York 
City Plumbing Code, such terms shall have meanings ascribed 
to them as in those codes. 

201.4 Terms not defined. Where terms are not defined 
through the methods authorized by this section, such terms 
shall have ordinarily accepted meanings such as the context 
implies. 



SECTION MC 202 
GENERAL DEFINITIONS 

ABRASIVE MATERIALS. Moderately abrasive particulate 
in high concentrations, and highly abrasive particulate in mod- 
erate and high concentrations, such as alumina, bauxite, iron 
silicate, sand and slag. 

ABSORPTION SYSTEM. A refrigerating system in which 
refrigerant is pressurized by pumping a chemical solution of 
refrigerant in absorbent, and then separated by the addition of 
heat in a generator, condensed (to reject heat), expanded, evap- 
orated (to provide refrigeration), and reabsorbed in an absorber 
to repeat the cycle; the system may be single or multiple effect, 
the latter using multiple stages or internally cascaded use of 
heat to improve efficiency. 

ACCESS (TO). That which enables a device, appliance or 
equipment to be reached by ready access or by a means that first 
requires the removal or movement of a panel, door or similar 
obstruction [see also "Ready access (to)"]. 

AIR. All air supplied to mechanical equipment and appliances 
for combustion, ventilation, cooling, etc. Standard air is air at 
standard temperature and pressure, namely, 70°F (21°C) and 
29.92 inches of mercury (101.3 kPa). 

AIR CONDITIONING. The treatment of air so as to control 
simultaneously the temperature, humidity, cleanness and dis- 
tribution of the air to meet the requirements of a conditioned 
space. 

AIR-CONDITIONING SYSTEM. A system that consists of 
heat exchangers, blowers, filters, supply, exhaust and return 
ducts, and shall include any apparatus installed in connection 
therewith. 



AIR DISTRIBUTION SYSTEM. Any system of ducts, ple- 
nums and air-handling equipment that circulates air within a 
space or spaces and includes systems made up of one or more 
air-handling units. 

AIR, EXHAUST. Air being removed from any space, appli- 
ance or piece of equipment and conveyed directly to the atmo- 
sphere by means of openings or ducts. 

AIR, INTAKE. Air supplied from the outdoors to any space, I 
appliance or piece of equipment. I 

AIR-HANDLING UNIT. A blower or fan used for the pur- 
pose of distributing supply air to a room, space or area. 

AIR, MAKEUP. Air that is provided to replace air being 
exhausted. 

AIR, RELIEF. Air removed from any space, appliance or 
piece of equipment. 

AIR TRANSFER OPENING. An opening designed to allow 
the movement of environmental air between two contiguous 
spaces. 

ALTERATION. Any construction, addition, change of use or 
occupancy, or renovation to a building or structure in existence. 
See Section 28-101.5 of the Administrative Code. 

APPLIANCE. A device or apparatus that is manufactured and 
designed to utilize energy and for which this code provides spe- 
cific requirements. 

APPLIANCE, EXISTING. Any appliance regulated by this 
code which was legally installed prior to the effective date of 
this code, or for which a permit to install has been issued. 

APPLIANCE, FUEL-FIRED. An appliance that burns. solid, 
liquid and/or gaseous fuel, including but not limited to wood 
stoves, household cooking ranges, furnaces, boilers, water 
heaters, clothes dryers and gas-fired refrigerators. 

APPLIANCE, GAS (EQUIPMENT). Any apparatus or 
equipment that uses gas as a fuel or raw material to produce 
light, heat, power, refrigeration or air conditioning. 

APPLIANCE TYPE. 

High-heat appliance. Any appliance in which the products 
of combustion at the point of entrance to the flue under nor- 
mal operating conditions have a temperature greater than 
2,000°F(1093°C). 

Low-heat appliance (residential appliance). Any appli- 
ance in which the products of combustion at the point of 
entrance to the flue under normal operating conditions have 
a temperature of 1,000°F (538°C) or less. 

Medium-heat appliance. Any appliance in which the prod- 
ucts of combustion at the point of entrance to the flue under 
normal operating conditions have a temperature of more 
than 1,000°F (538°C), but not greater than 2,000°F 
(1093°C). 



2008 NEW YORK CITY MECHANICAL CODE 



DEFINITIONS 



APPLIANCE, VENTED. An appliance designed and 
installed in such a manner that all of the products of combus- 
tion are conveyed directly from the appliance to the outside 
atmosphere through an approved chimney or vent system. 

APPROVED. Acceptable to the commissioner. In reference to 
construction documents, the determination by the department 
after full examination that submitted construction documents 
comply with this code and other applicable laws and rules. In 
reference to materials, the determination by the commissioner 
that material is acceptable for its intended use. See Section 
28-101.5 of the Administrative Code. 

APPROVED AGENCY. An established and recognized 
agency, or other qualified person, regularly engaged in con- 
ducting tests or furnishing inspection services, when approved 
pursuant to department rules as qualified to perform or witness 
identified testing or inspection services. See Chapter 1 of Title 
28 of the Administrative Code. 

APPROVED INSPECTION AGENCY. An approved 
agency that is approved by the department as qualified to per- 
form one or more of the inspections required by this code. See 
Chapter 1 of Title 28 of the Administrative Code. 

APPROVED TESTING AGENCY. An approved agency that 
is approved by the department as qualified to test and evaluate 
the performance of one or more of the materials regulated in 
their use by this code. Such term shall include, when approved 
pursuant to department rules, a third-party testing or certifica- 
tion agency, evaluation agency, testing laboratory, testing ser- 
vice or other entity concerned with product evaluation. See 
Chapter 1 of Title 28 of 'the Administrative Code. 

ARCHITECT. A person licensed and registered to practice 
the profession of architecture under the Education Law of the 
State of New York. 

AUTOMATIC BOILER. Any class of boiler that is equipped 
with the controls and limit devices specified in Chapter .10. 

BATHROOM. A room containing a bathtub, shower, spa or 
similar bathing fixture. 

BOILER, HIGH-PRESSURE. An appliance (equipment) for 
supplying steam of hot water that, for a steam boiler, operates at 
a pressure of more than 15 psig (103 kPa gauge), and for a hot 
water boiler, operates at a pressure exceeding 160 psig (1103 
kPa gauge) or at a temperature exceeding 250°F (1.2.1 °C). 

BOILER, LOW-PRESSURE. A self-contained appliance for 
supplying steam or hot water as follows: 

Hot water heating boiler. A boiler in which no steam is 
generated, from which hot water is circulated for heating 
purposes and then returned to the boiler, and that operates at 
water pressures not exceeding 1604= psig (1 103 kPa gauge) 
and at water temperatures not exceeding 250°F (121°C) at 
or near the boiler outlet. 

Hot water supply boiler. A boiler, completely filled with 
water, which furnishes hot water to be used externally to 
itself, and that operates at water pressures not exceeding 1 60 
psig (1103 kPa gauge) and at water temperatures not 
exceeding 250°F ( 1 21 °C) at or near the boiler outlet. 



Steam-heating boiler. See "Steam-heating boiler." 

BOILER ROOM. A room primarily utilized for the installa- 
tion of a boiler. 

BRAZED JOINT. A gas-tight joint obtained by the joining of 
metal parts with metallic mixtures or alloys which melt at a 
temperature above 1,000°F (538°C), but lower than the melting 
temperature of the parts to be joined. 

BRAZING. A metal joining process wherein coalescence is 
produced by the use of a nonferrous filler metal having a melt- 
ing point above 1,000°F (538°C), but lower than that of the 
base metal being joined. The filler material is distributed 
between the closely fitted surfaces of the joint by capillary 
attraction. 

BTU. Abbreviation for British thermal unit, which is the quan- 
tity of heat required to raise the temperature of 1 pound (454 g) 
of water 1°F (0.56°C) (1 Btu = 1055 J). 

BUILDING. Any structure used or intended for supporting or 
sheltering any use or occupancy. The term shall be construed as 
if followed by the phrase "structure, premises, lot or part 
thereof unless otherwise indicated by the text. See Section 
28-101.5 of the Administrative Code. 

CEILING RADIATION DAMPER. A device installed to 
limit radiant heat transfer through an air outlet or air inlet open- 
ing in the ceiling of a floor-ceiling or roof-ceiling assembly, 
which device has not less than a 1 -hour fire-resistance rating. 

CHIMNEY. A primarily vertical structure containing one or 
more flues, for the purpose of carrying gaseous products of 
combustion and air from a fuel-burning appliance to the out- 
side atmosphere. 

Factory-built chimney. A listed and labeled chimney com- 
posed of factory-made components, assembled in the field 
in accordance with manufacturer's instructions and the con- 
ditions of the listing. 

Masonry chimney. A field-constructed chimney composed 
of solid masonry units, bricks, stones or concrete. 

Metal chimney. A field-constructed chimney of metal 

CHIMNEY CONNECTOR. A pipe or metal breeching that | 
connects a fuel-burning appliance to a chimney. 

CLEARANCE. The minimum distance through air measured 
between the heat-producing surface of the mechanical appli- 
ance, device or equipment and the surface of the combustible 
material or assembly. 

CLOSED COMBUSTION SOLID-FUEL-BURNING 
APPLIANCE. A heat-producing appliance that employs a 
combustion chamber that has no openings other than the flue 
collar, fuel charging door and adjustable openings provided to 
control the amount of combustion air that enters the combus- 
tion chamber. 

CLOTHES DRYER. An appliance used to dry wet laundry by 
means of heat. Dryer classifications are as follows: 

Type 1. Factory-built package, multiple production. Pri- 
marily used in family living environment. Usually the 
smallest unit physically and in function output. 



2008 NEW YORK CITY MECHANICAL CODE 



DEFINITIONS 



Type 2. Factory-built package, multiple production. Used 
in business with direct intercourse of the function with the 
public. Not designed for use in individual family living 
environment. 

► COMBUSTIBLE ASSEMBLY. Wall, floor, ceiling or other 
assembly constructed of one or more component materials that 
are not defined as noncombustible. 

COMBUSTIBLE LIQUIDS. Any liquids having a flash point 
at or above 100°F (38°C), and that are divided into the follow- 
ing classifications: 

Class II. Liquids having flash points at or above 100°F 
(38°C) and below HOT (60°C). 

Class IIIA. Liquids having flash points at or above 140°F 
(60°C) and below 200°F (93°C). 

Class IIIB. Liquids having flash points at or above 200°F 

(93°C). 

COMBUSTIBLE MATERIAL. Any material not defined as 
noncombustible. 

COMBUSTION. In the context of this code, refers to the rapid 
oxidation of fuel accompanied by the production of heat or heat 
and light. 

COMBUSTION AIR. Air necessary for complete combus- 
tion of a fuel, including theoretical air and excess air. 

COMBUSTION CHAMBER. The portion of an appliance 
within which combustion occurs. 

COMBUSTION PRODUCTS. Constituents resulting from 
the combustion of a fuel with the oxygen of the air, including 
the inert gases, but excluding excess air. 

COMMERCIAL COOKING RECIRCULATING SYS- 
TEM. Self-contained system consisting of the exhaust hood, 
the cooking equipment, the filters, and the fire suppression sys- 
tem. The system is designed to capture cooking vapors and res- 
idues generated from commercial cooking equipment. The 
system removes contaminants from the exhaust air and 
recirculates the air to the space from which it was withdrawn. 

COMMERCIAL COOKING APPLIANCES. Appliances 
used in a commercial food service establishment for heating or 
cooking food and which produce grease vapors, steam, fumes, 
smoke or odors that are required to be removed through a local 
exhaust ventilation system. Such appliances include deep fat 
fryers; upright broilers; griddles; broilers; steam-jacketed ket- 
tles; hot-top ranges; under-fired broilers (charbroilers); ovens; 
barbecues; rotisseries; and similar appliances. For the purpose 
of this definition, a food service establishment shall include 
any building or a portion thereof used for the preparation and 
serving of food. 

COMMERCIAL KITCHEN HOODS. 

Backshelf Hood. A backshelf hood is also referred to as a 
low-proximity hood, or as a sidewall hood where wall 
mounted. Its front lower lip is low over the appliance(s) and 
is "set back" from the front of the appliance(s). It is always 
closed to the rear of the appliances by a panel where 
free-standing, or by a panel or wall where wall mounted, 
and its height above the cooking surface varies. (This style 
of hood can be constructed with partial end panels to 



increase its effectiveness in capturing the effluent generated 
by the cooking operation). 

Double Island Canopy Hood. A double island canopy 
hood is placed over back to back appliances or appliance 
lines. It is open on all sides and overhangs both fronts and 
the sides of the appliance(s). It could have a wall panel 
between the backs of the appliances. (The fact that exhaust 
air is drawn from both sides of the double canopy to meet in 
the center causes each side of this hood to emulate a wall 
canopy hood, and thus it functions much the same with or 
without an actual wall panel between the backs of the appli- 
ances). 

Eyebrow Hood. An eyebrow hood is mounted directly to 
the face of an appliance, such as an oven and dishwasher, 
above the opening(s) or door(s) from which effluent is emit- 
ted, extending past the sides and overhanging the front of 
the opening to capture the effluent. 

Pass-over Hood. A pass-over hood is a free-standing form 
of a backshelf hood constructed low enough to pass food 
over the top. 

Single Island Canopy Hood. A single island canopy hood 
is placed over a single appliance or appliance line. It is open 
on all sides and overhangs the front, rear, and sides of the 
appliance(s). A single island canopy is more susceptible to 
cross drafts and requires a greater exhaust air flow than an 
equivalent sized wall -mounted canopy to capture and con- 
tain effluent generated by the cooking operation(s). 

Wall Canopy Hood. A wall canopy exhaust hood is 
mounted against a wall above a single appliance or line of 
appliance(s), or it could be free-standing with a back panel 
from the rear of the appliances to the hood. It overhangs the 
front and sides of the appliance(s) on all open sides. The 
wall acts as a back panel, forcing the makeup air to be drawn 
across the front of the cooking equipment, thus increasing 
the effectiveness of the hood to capture and contain effluent 
generated by the cooking operation(s). 

COMMISSIONER. The Commissioner of Buildings of the 
City of New York or his or her duly authorized representative. 
See Section 28-1.01.5 of the Administrative Code. 

COMPENSATING HOODS. Compensating hoods are those 
having integral (built-in) makeup air supply. The makeup air 
supply for such hoods is generally supplied from: short-circuit 
flow from inside the hood, air curtain flow from the bottom of 
the front face, and front face discharge from the outside front 
wall of the hood. The compensating makeup airflow can also 
be supplied from the rear or side of the hood, or the rear, front, 
or sides of the cooking equipment. The makeup air flow can be 
one or a combination of methods. 

COMPRESSOR. A specific machine, with or without acces- 
sories, for compressing a gas. 

COMPRESSOR, POSITIVE DISPLACEMENT. A com 

pressor in which increase in pressure is attained by changing 
the internal volume of the compression chamber. 

COMPRESSOR UNIT. A compressor with its prime mover 
and accessories. 



2008 NEW YORK CITY MECHANICAL CODE 



DEFINITIONS 



CONCEALED LOCATION. A location that cannot be 
accessed without damaging permanent parts of the building 
structure or finished surface. Spaces above, below or behind 
readily removable panels or doors shall not be considered as 
concealed. 

CONDENSATE. The liquid that condenses from a gas 
(including flue gas) caused by a reduction in temperature or 
increase in pressure. 

CONDENSER. A heat exchanger designed to liquefy refrig- 
erant vapor by removal of heat. 

CONDENSING UNIT. A specific refrigerating machine 
combination for a given refrigerant, consisting of one or more 
power-driven compressors, condensers, liquid receivers (when 
required), and the regularly furnished accessories. 

CONDITIONED SPACE. An area, room or space being 
heated or cooled by any equipment or appliance. 

CONFINED SPACES. A space having a volume less than 50 
cubic feet per 1 ,000 British thermal units per hour (Btu/h) (4.8 
mVkW) of the aggregate input rating of all appliances installed 
in that space. 

CONSTRUCTION DOCUMENTS. Plans and specifica- 
tions and other written, graphic and pictorial documents, pre- 
pared or assembled for describing the design, location and 
physical characteristics of the elements of the project necessary 
for obtaining a building permit. See Section 28-101.5 of the 
A dmin istra ti ve Code . 

CONTROL. A manual or automatic device designed to regu- 
late the gas, air, water or electrical supply to, or operation of, a 
mechanical system. 

CONVERSION BURNER. A burner designed to supply gas- 
eous fuel to an appliance originally designed to utilize another 
fuel. 

COOKING APPLIANCE. See "Commercial cooking appli- 
ances." 

DAMPER. A manually or automatically controlled device to 
regulate draft or the rate of flow of air or combustion gases. 

Volume damper. A device that, when installed, will restrict, 
retard or direct the flow of air in a duct, or the products of 
combustion in a heat-producing appliance, its vent connec- 
tor, vent or chimney therefrom. 

DESIGN WORKING PRESSURE. The maximum allow- 
able working pressure for which a specific part of a system is 
designed. 

DIRECT REFRIGERATION SYSTEM. A system in which 
the evaporator or condenser of the refrigerating system is in 
direct contact with the air or other substances to be cooled or 
heated. 

DIRECT- VENT APPLIANCES. Appliances that are con- 
structed and installed so that all air for combustion is derived 
from the outside atmosphere and all flue gases are discharged 
to the outside atmosphere. 



DRAFT. The pressure difference existing between the equip- I 
ment or any component part and the atmosphere, that causes a I 
continuous flow of air and products of combustion through the 
gas passages of the appliance to the atmosphere. 

Induced draft. The pressure difference created by the 
action of a fan, blower or ejector, that is located between the 
appliance and the chimney or vent termination. 

Natural draft. The pressure difference created by a vent or 
chimney because of its height, and the temperature differ- 
ence between the flue gases and the atmosphere. 

DRIP. The container placed at a low point in a system of piping 
to collect condensate and from which the condensate is remov- 
able. 

DRY CLEANING SYSTEMS. Dry cleaning plants or sys- 
tems are classified as follows: 

Type I. Those systems using Class I flammable liquid sol- 
vents having a flash point below 100°F (38°C). 

Type II. Those systems using Class II combustible liquid 
solvents having a flash point at or above 100°F (38°C) and 
below 140°F (60°C). 

Type HI. Those systems using Class III combustible liquid 
solvents having a flash point at or above 140°F (60°C). 

Types IV and V. Those systems using Class IV nonflamma- 
ble liquid solvents. 

DUCT. A tube or conduit utilized for conveying air. The air 
passages of self-contained systems are not to be construed as 
air ducts. 

DUCT FURNACE. A warm-air furnace normally installed in 
an air distribution duct to supply warm air for heating. This def- 
inition shall apply only to a warm-air heating appliance that, for 
air circulation, depends on a blower not furnished as part of the 
furnace. 

DUCT SYSTEM. A continuous passageway for the transmis- 
sion of air that, in addition to ducts, includes duct fittings, 
dampers, plenums, fans and accessory air-handling equipment 
and appliances. 

DWELLING. A building or structure that is occupied in whole 
or in part as the home, residence or sleeping place of one or 
more families. 

DWELLING UNIT. A single unit consisting of one or more 
habitable rooms and occupied or arranged to be occupied as a 
unit separate from all other units within a dwelling. 

ELECTRIC HEATING APPLIANCE. An appliance that 
produces heat energy to create a warm environment by the 
application of electric power to resistance elements, refrigerant 
compressors or dissimilar material junctions. 

ENERGY RECOVERY VENTILATION SYSTEM. Sys 

terns that employ air-to-air heat exchangers to recover energy 
from or reject energy to exhaust air for the purpose of preheat- 
ing, precooling, humidifying or dehumidifying outdoor venti- 
lation air prior to supplying such air to a space, either directly or 
as part of an HVAC system. 



2008 NEW YORK CITY MECHANICAL CODE 



DEFINITIONS 



ENGINEER. A person licensed and registered to practice the 
profession of engineering under the Education Law of the State 
of New York. 

ENVIRONMENTAL AIR. Air that is supplied, returned, 
recirculated, or exhausted from a space for the purpose of mod- 
ifying the existing atmosphere within a building. 

EQUIPMENT. All piping, ducts, vents, control devices and 
other components of systems other than appliances which are 
permanently installed and integrated to provide control of envi- 
ronmental conditions for buildings. This definition shall also 
include other systems specifically regulated in this code. 

EQUIPMENT, EXISTING. Any equipment regulated by this 
code which was legally installed prior to the effective date of 
this code, or for which a permit to install has been issued. 

EVAPORATIVE COOLER. A device used for reducing the 
sensible heat of air for cooling by the process of evaporation of 
water into an airstream. 

EVAPORATIVE COOLING SYSTEM. The equipment and 
appliances intended or installed for the purpose of environmen- 
tal cooling by an evaporative cooler from which the condi- 
tioned air is distributed through ducts or plenums to the 
conditioned area. 

EVAPORATOR. That part of the system in which liquid 
refrigerant is vaporized to produce refrigeration. 

EXCESS AIR. The amount of air provided in addition to theo- 
retical air to achieve complete combustion of a fuel, thereby 
preventing the formation of dangerous products of combus- 
tion. 

EXHAUST SYSTEM. An assembly of connected ducts, ple- 
nums, fittings, registers, grilles and hoods through which air is 
conducted from a space or spaces and exhausted to the outside 
atmosphere. 

EXTRA-HEAVY DUTY COOKING APPLIANCE. 

Extra-heavy duty cooking appliances include appliances utiliz- 
ing solid fuel such as wood, charcoal, briquettes, and mesquite 
as the primary source of heat for cooking. 

FIREPLACE. An assembly consisting of a hearth and fire 
chamber of noncombustible material and provided with a 
chimney, for use with solid fuels. 

Factory-built fireplace. A listed and labeled fireplace and 
chimney system composed of factory-made components, 
and assembled in the field in accordance with manufac- 
turer's instructions and the conditions of the listing. 

Masonry fireplace. A field-constructed fireplace com- 
posed of solid masonry units, bricks, stones or concrete. 

FIREPLACE STOVE. A free-standing chimney-connected 
solid-fuel-burning heater, designed to be operated with the fire 
chamber doors in either the open or closed position. 

FLAME SAFEGUARD. A device that will automatically shut 
off the fuel supply to a main burner or group of burners when 
the means of ignition of such burners becomes inoperative, and 
when flame failure occurs on the burner or group of burners. 

FLAME SPREAD INDEX. The numerical value assigned to 
a material tested in accordance with ASTM E 84. 



FLAMMABILITY CLASSIFICATION. Refrigerants shall 
be assigned to one of the three classes — 1, 2 or 3 — in accor- 
dance with ASHRAE 34. 

FLAMMABLE LIQUIDS. Any liquid that has a flash point 
below 100°F (38°C), and has a vapor pressure not exceeding 40 
psia (276 kPa) at 100°F (38°C). Flammable liquids shall be 
known as Class I liquids and shall be divided into the following 
classifications: 

Class IA. Liquids having a flash point below 73°F (23°C) 
and a boiling point below 100°F (38°C). 

Class IB. Liquids having a flash point below 73°F (23°C) 
and a boiling point at or above 100°F (38°C), 

Class IC. Liquids having a flash point at or above 73 °F 
(23°C) and below 100°F (38°C). 

FLAMMABLE VAPOR OR FUMES. Mixtures of gases in 
air at concentrations equal to or greater than the LFL and less 
than or equal to the upper flammability limit (UFL). 

FLASH POINT. The minimum temperature corrected to a 
pressure of 14.7 psia (101 kPa) at which the application of a test 
flame causes the vapors of a portion of the sample to ignite 
under the conditions specified by the test procedures and appa- 
ratus. The flash point of a liquid shall be determined in accor- 
dance with ASTM D 56, ASTM D 93 or ASTM D 3278. 

FLOOR AREA, NET. The actual occupied area, not includ- 
ing unoccupied accessory areas or thicknesses of walls. 

FLOOR FURNACE. A completely self-contained furnace 
suspended from the floor of the space being heated, taking air 
for combustion from outside such space and with means for 
observing flames and lighting the appliance from such space. 

FLUE. A passageway within a chimney or vent through which 
gaseous combustion products pass. 

FLUE CONNECTION (BREECHING). A passage for con- 
ducting the products of combustion from a fuel-fired appliance 
to the vent or chimney (see also "Chimney connector" and 
"Vent connector"). 

FLUE GASES. Products of combustion and excess air. 

FLUE LINER (LINING). A system or material used to form 
the inside surface of a flue in a chimney or vent, for the purpose 
of protecting the surrounding structure from the effects of com- 
bustion products and conveying combustion products without 
leakage into the atmosphere. 

FUEL GAS. A natural gas, manufactured gas, liquefied petro- 
leum gas or a mixture of these. 

FUEL OIL. Kerosene or any hydrocarbon oil having a flash 
point not less than 100°F (38°C). 

FUEL-OIL PIPING SYSTEM. A closed piping system that 
connects a combustible liquid from a source of supply to a 
fuel-oil-burning appliance. 

FURNACE. A completely self-contained heating unit that is 
designed to supply heated air to spaces remote from or adjacent 
to the appliance location. 



2008 NEW YORK CITY MECHANICAL CODE 



DEFINITIONS 



FURNACE ROOM. A room primarily utilized for the instal- 
lation of fuel-burning space-heating and water-heating appli- 
ances other than boilers (see also "Boiler room"). 

FUSIBLE PLUG. A device arranged to relieve pressure by 
operation of a fusible member at a predetermined temperature. 

GROUND SOURCE HEAT PUMP LOOP SYSTEM. Pip 

ing buried in horizontal or vertical excavations or placed in a 
body of water for the purpose of transporting heat transfer liq- 
uid to and from a heat pump. Included in this definition are 
closed loop systems in which the liquid is recirculated and open 
loop systems in which the liquid is drawn from a well or other 
source. 

HAZARDOUS LOCATION. Any location considered to be a 
fire hazard for flammable vapors, dust, combustible fibers or 
other highly combustible substances. The location is not neces- 
I sadly categorized in the New York City Building Code as a 
high-hazard use group classification. 

HEAT EXCHANGER. A device that transfers heat from one 
medium to another. 

HEAT PUMP. A refrigeration system that extracts heat from 
one substance and transfers it to another portion of the same 
substance or to a second substance at a higher temperature for a 
beneficial purpose. 

HEAT TRANSFER LIQUID. The operating or thermal stor- 
age liquid in a mechanical system, including water or other liq- 
uid base, and additives at the concentration present under 
operating conditions used to move heat from one location to 
another. Refrigerants are not included as heat transfer liquids. 

HEAVY-DUTY COOKING APPLIANCE. Heavy-duty 
cooking appliances include electric under-fired broilers, elec- 
tric chain (conveyor) broilers, gas under- fired broilers, gas 
chain (conveyor) broilers, gas open -burner ranges (with or 
without oven), electric and gas wok ranges, and electric and gas 
over- fired (upright) broilers and salamanders. 

HIGH-PROBABILITY SYSTEMS. A refrigeration system 
in which the basic design or the location of components is such 
that a leakage of refrigerant from a failed connection, seal or 
component will enter an occupancy classified area, other than 
the machinery room. 

HIGH-SIDE PRESSURE. The parts of a refrigerating system 
subject to condenser pressure. 

HOOD. An air-intake device used to capture by entrapment, 
impingement, adhesion or similar means, grease and similar 
contaminants before they enter a duct system. 

Type I. A kitchen hood for collecting and removing grease 
vapors and smoke. 

Type II. A general kitchen hood for collecting and remov- 
ing steam, vapor, heat and odors. 

I HOOD, FUME. A hood used for hazardous exhaust systems. 

HYDROGEN GENERATING APPLIANCE. A self-con- 
tained package or factory-matched packages of integrated sys- 
tems for generating gaseous hydrogen. Hydrogen generating 
appliances utilize electrolysis, reformation, chemical, or other 
processes to generate hydrogen. 



IGNITION SOURCE. A flame, spark or hot surface capable 
of igniting flammable vapors or fumes. Such sources include 
appliance burners, burner ignitors and electrical switching 
devices. 

IMMEDIATELY DANGEROUS TO LIFE OR HEALTH 
(IDLH). The concentration of air-borne contaminants that 
poses a threat of death, immediate or delayed permanent 
adverse health effects, or effects that could prevent escape from 
such an environment. This contaminant concentration level is 
established by the National Institute of Occupational Safety 
and Health (NIOSH) based on both toxicity and flammability. 
It is generally expressed in parts per million by volume (ppm 
v/v) or milligrams per cubic meter (mg/m 3 ). 

INDIRECT REFRIGERATION SYSTEM. A system in 
which a secondary coolant cooled or heated by the refrigerat- 
ing system is circulated to the air or other substance to be 
cooled or heated. Indirect systems are distinguished by the 
method of application shown below: 

Closed system. A system in which a secondary fluid is 
either cooled or heated by the refrigerating system and then 
circulated within a closed circuit in indirect contact with the 
air or other substance to be cooled or heated. 

Double-indirect open-spray system. A system in which 
the secondary substance for an indirect open-spray system 
is heated or cooled by an intermediate coolant circulated 
from a second enclosure. 

Open-spray system. A system in which a secondary cool- 
ant is cooled or heated by the refrigerating system and then 
circulated in direct contact with the air or other substance to 
be cooled or heated. 

Vented closed system. A system in which a secondary cool- 
ant is cooled or heated by the refrigerating system and then 
passed through a closed circuit in the air or other substance 
to be cooled or heated, except that the evaporator or con- 
denser is placed in an open or appropriately vented tank. 

JOINT, FLANGED. A joint made by bolting together a pair of 
flanged ends. 

JOINT, FLARED. A metal-to-metal compression joint in 
which a conical spread is made on the end of a tube that is com- 
pressed by a flare nut against a mating flare. 

JOINT, MECHANICAL. A general form of gas-tight joints 
obtained by the joining of metal parts through a positive-hold- 
ing mechanical construction, such as flanged joint, screwed 
joint or flared joint. 

JOINT, PLASTIC ADHESIVE. A joint made in thermoset 
plastic piping by the use of an adhesive substance which forms 
a continuous bond between the mating surfaces without dis- 
solving either one of them. 

JOINT, PLASTIC HEAT FUSION. A joint made in thermo- 
plastic piping by heating the parts sufficiently to permit fusion 
of the materials when the parts are pressed together. 

JOINT, PLASTIC SOLVENT CEMENT. A joint made in 
thermoplastic piping by the use of a solvent or solvent cement 
which forms a continuous bond between the mating surfaces. 



10 



2008 NEW YORK CITY MECHANICAL CODE 



DEFINITIONS 



JOINT, SOLDERED. A gas-tight joint obtained by the join- 
ing of metal parts with metallic mixtures of alloys which melt at 
temperatures between 400°F (204°C) and 1,000°F (538°C). 

JOINT, WELDED. A gas-tight joint obtained by the joining 
of metal parts in molten state. 

LABELED. Material to which has been attached a label, sym- 
bol or other identifying mark of the manufacturer that contains 
the name of the manufacturer, the function and performance 
characteristics of the product or material, and the name and 
identification of an approved agency and that indicates that a 
representative sample of the material has been tested and evalu- 
ated by an approved agency for compliance with nationally 
recognized standards or tests to determine suitable usage in a 
specified manner. See Section 28-101.5 of the Administrative 
Code. 

LIGHT-DUTY COOKING APPLIANCE. Light-duty cook- 
ing appliances include gas and electric ovens (including stan- 
dard, bake, roasting, revolving, retherm, convection, 
combination convection/steamer, conveyor, deck or deck-style 
pizza, and pastry), electric and gas steam-jacketed kettles, elec- 
tric and gas compartment steamers (both pressure and atmo- 
spheric) and electric and gas cheesemelters. 

LIMIT CONTROL. A device responsive to changes in pres- 
sure, temperature or level for turning on, shutting off or throt- 
tling the gas supply to an appliance. 

LIMITED CHARGE SYSTEM. A system in which, with the 
compressor idle, the design pressure will not be exceeded when 
the refrigerant charge has completely evaporated. 

| LISTED. Material identified in a list published by an approved 
agency that maintains periodic inspection of production of 

I listed material or periodic evaluation services and whose list- 
ing states either that the material meets identified nationally 
recognized standards or has been tested and found suitable for 

I a specified purpose when installed in accordance with the man- 
ufacturer's installation instructions. See Section 28-101.5 of 
the Administrative Code. 

LIVING SPACE. Space within a dwelling unit utilized for liv- 
ing, sleeping, eating, cooking, bathing, washing and sanitation 
purposes. 

LOWER EXPLOSIVE LIMIT (LEL). See "LFL." 

LOWER FLAMMABILITY LIMIT (LFL). The minimum 
concentration of refrigerant that is capable of propagating a 
flame through a homogeneous mixture of refrigerant and air. 

LOW-PRESSURE HOT- WATER-HEATING BOILER. A 

I boiler furnishing hot water at pressures not exceeding 160 psig 
(1 103 kPa) and at temperatures not exceeding 250°F ( 121°C). 

LOW-PRESSURE STEAM-HEATING BOILER. A boiler 
I furnishing steam at pressures not exceeding 15 psig (103 kPa). 

LOW-PROBABILITY SYSTEMS. A refrigeration system in 
which the basic design or the location of components is such 
that a leakage of refrigerant from a failed connection, seal or 
component will not enter an occupancy-classified area, other 
than the machinery room. 

LOW-SIDE PRESSURE. The parts of a refrigerating system 
subject to evaporator pressure. 



MACHINERY ROOM. A room meeting prescribed safety 
requirements and in which refrigeration systems or compo- 
nents thereof are located (see Sections 1105 and 1.106). 

MECHANICAL DRAFT SYSTEM. A venting system 
designed to remove flue or vent gases by mechanical means, 
that consists of an induced-draft portion under nonpositive 
static pressure or a forced-draft portion under positive static 
pressure. 

Forced-draft venting system. A portion of a venting sys- 
tem using a fan or other mechanical means to cause the 
removal of flue or vent gases under positive static pressure. 

Induced-draft venting system. A portion of a venting sys- 
tem using a fan or other mechanical means to cause the 
removal of flue or vent gases under nonpositive static vent 
pressure. 

Power venting system. A portion of a venting system using 
a fan or other mechanical means to cause the removal of flue 
or vent gases under positive static vent pressure. 

MECHANICAL EQUIPMENT/APPLIANCE ROOM. A 

room or space in which nonfuel-fired mechanical equipment 
and appliances are located. 

MECHANICAL EXHAUST SYSTEM. A system for 
removing air from a room or space by mechanical means. 

MECHANICAL JOINT. A connection between pipes, fit- 
tings, or pipes and fittings, which is neither screwed, caulked, 
threaded, soldered, solvent cemented, brazed nor welded. 
Also, a joint in which compression is applied along the center- 
line of the pieces being joined. Some joints are part of a cou- 
pling, fitting or adapter. 

MECHANICAL SYSTEM. A system specifically addressed 
and regulated in this code and composed of components, 
devices, appliances and equipment which become part of the I 
building. I 

MEDIUM-DUTY COOKING APPLIANCE. Medium duty 
cooking appliances include electric discrete element ranges 
(with or without oven), electric and gas hot-top ranges, electric 
and gas griddles, electric and gas double-sided griddles, elec- 
tric and gas fryers (including open deep fat fryers, donut fryers, 
kettle fryers, and pressure fryers), electric and gas pasta cook- 
ers, electric and gas conveyor pizza ovens, electric and gas tilt- 
ing skillets (braising pans) and electric and gas rotisseries. 

MODULAR BOILER. A steam or hot- water-heating assem- 
bly consisting of a group of individual boilers called modules 
intended to be installed as a unit with no intervening stop 
valves. Modules are under one jacket or are individually jack- 
eted. The individual modules shall be limited to a maximum 
input rating of 400,000 Btu/h (1 17 228 W/h) gas, 3 gallons per ■ 
hour (gph) (1 1.4 L/h) oil, or 1 15 kW (electric). 

NATURAL DRAFT SYSTEM. A venting system designed to 
remove flue or vent gases under nonpositive static vent pres- 
sure entirely by natural draft. 

NATURAL VENTILATION. The movement of air into and 
out of a space through intentionally provided openings, such as 
windows and doors, or through nonpowered ventilators. 



2008 NEW YORK CITY MECHANICAL CODE 



11 



DEFINITIONS 



NONABRASIVE/ABRASIVE MATERIALS. Nonabrasive 
particulate in high concentrations, moderately abrasive partic- 
ulate in low and moderate concentrations, and highly abrasive 
particulate in low concentrations, such as alfalfa, asphalt, plas- 
ter, gypsum and salt. 

NONCOMBUSTIBLE MATERIALS. Materials that, when 
tested in accordance with ASTM E 136, have at least three of 
four specimens tested meeting all of the following criteria: 

1. The recorded temperature of the surface and interior 
thermocouples shall not at any time during the test rise 
more than 54°F (30°C) above the furnace temperature at 
the beginning of the test. 

2. There shall not be flaming from the specimen after the 
first 30 seconds. 

3. If the weight loss of the specimen during testing exceeds 
50 percent, the recorded temperature of the surface and 
interior thermocouples shall not at any time during the 
test rise above the furnace air temperature at the begin- 
ning of the test, and there shall not be flaming of the spec- 
imen. 

I OCCUPANCY. The purpose or activity for which a building 
or space is used or i s designed, arranged or intended to be used. 

OFFSET (VENT). A combination of approved bends that 
make two changes in direction bringing one section of the vent 
out of line but into a line parallel with the other section. 

OUTDOOR AIR. Air taken from the outdoors, and therefore 
not previously circulated through the system. 

OUTDOOR OPENING. A door, window, louver or skylight 
openable to the outside atmosphere. 

I OUTLET, GAS. A threaded connection or bolted flange in a 
piping system to which a gas-burning appliance is attached. 

PANEL HEATING. A method of radiant space heating in 
which heat is supplied by large heated areas of room surfaces. 
The heating element usually consists of warm water piping, 
warm air ducts, or electrical resistance elements embedded in 
or located behind ceiling, wall or floor surfaces. 

PELLET FUEL-BURNING APPLIANCE. A closed-com- 
bustion, vented appliance equipped with a fuel-feed mecha- 
nism for burning processed pellets of solid fuel of a specified 
size and composition. 

PIPING. Where used in this code, "piping" refers to either 
pipe or tubing, or both. 

Pipe. A rigid conduit of iron, steel, copper, brass or plastic. 

Tubing. Semirigid conduit of copper, aluminum, plastic or 
steel. 

PLASTIC, THERMOPLASTIC. A plastic that is capable of 
being repeatedly softened by increase of temperature and hard- 
ened by decrease of temperature. 

PLASTIC, THERMOSETTING. A plastic that is capable of 
being changed into a substantially infusible or insoluble prod- 
uct when cured under application of heat or chemical means. 

I PLENUM. A compartment or chamber located in one story 
only to which one or more air ducts are connected and which 
forms part of the air supply or return system and may be part of 



the building construction, such as the concealed space above a I 
ceiling. I 

PORTABLE FUEL CELL APPLIANCE. A fuel cell gener- 
ator of electricity, which is not fixed in place. A portable fuel 
cell appliance utilizes a cord and plug connection to a grid-iso- 
lated load and has an integral fuel supply. 

POWER BOILER. See "Boiler 



PREMISES. 

thereof. 



Land, improvements thereon, or any part 



PRESSURE, FIELD TEST. A test performed in the field to 
prove system tightness. 

PRESSURE-LIMITING DEVICE. A pressure responsive 
mechanism designed to stop automatically the operation of the 
pressure-imposing element at a predetermined pressure. 

PRESSURE RELIEF DEVICE. A pressure-actuated valve 
or rupture member designed to relieve excessive pressure auto- 
matically. 

PRESSURE RELIEF VALVE. A pressure-actuated valve 
held closed by a spring or other means and designed to relieve 
pressure automatically in excess of the device's setting. 

PRESSURE VESSELS. Closed containers, tanks or vessels 
that are designed to contain liquids or gases, or both, under 
pressure. 

PRESSURE VESSELS— REFRIGERANT. Any refriger- 
ant-containing receptacle in a refrigerating system. This does 
not include evaporators where each separate section does not 
exceed 0.5 cubic foot (0.014 m 3 ) of refrigerant-containing vol- 
ume, regardless of the maximum inside dimensions, evapora- 
tor coils, controls, headers, pumps and piping. 

PROTECTIVE ASSEMBLY (REDUCED CLEAR- 
ANCE). Any noncombustible assembly that is labeled or con- 
structed in accordance with Table 308.6 and is placed between 
combustible materials or assemblies and mechanical appli- 
ances, devices or equipment, for the purpose of reducing 
required airspace clearances. Protective assemblies attached 
directly to a combustible assembly shall not be considered as 
part of that combustible assembly. 

PURGE. To clear of air, water or other foreign substances. 

QUICK-OPENING VALVE. A valve that opens completely 
by fast action, either manually or automatically controlled. A 
valve requiring one-quarter round turn or less is considered to 
be quick opening. 

RADIANT HEATER. A heater designed to transfer heat pri- 
marily by direct radiation. 

READY ACCESS (TO). That which enables a device, appli- 
ance or equipment to be directly reached, without requiring the 
removal or movement of any panel, door or similar obstruction 
[see "Access (to)"]. 

RECEIVER, LIQUID. A vessel permanently connected to a 
refrigeration system by inlet and outlet pipes for storage of liq- 
uid refrigerant. 

RECIRCULATED AIR. Air removed from a conditioned 
space and intended for reuse as supply air. 



12 



2008 NEW YORK CITY MECHANICAL CODE 



DEFINITIONS 



RECLAIMED REFRIGERANTS. Refrigerants reprocessed 
to the same specifications as for new refrigerants by means 
including distillation. Such refrigerants have been chemically 
analyzed to verify that the specifications have been met. 
Reclaiming usually implies the use of processes or procedures 
that are available only at a reprocessing or manufacturing 
facility. 

RECOVERED REFRIGERANTS. Refrigerants removed 
from a system in any condition without necessarily testing or 
processing them. 

RECYCLED REFRIGERANTS. Refrigerants from which 
contaminants have been reduced by oil separation, removal of 
noncondensable gases, and single or multiple passes through 
devices that reduce moisture, acidity and particulate matter, 
I such as replaceable core filter dryers. These procedures usually 
are performed at the field job site or in a local service shop. 

REFRIGERANT. A substance utilized to produce refrigera- 
tion by its expansion or vaporization. 

REFRIGERANT SAFETY CLASSIFICATIONS. Group- 
ings that indicate the toxicity and flammability classes in 
I accordance with ASHRAE 34. 

REFRIGERATED ROOM OR SPACE. A room or space in 
which an evaporator or brine coil is located for the purpose of 
reducing or controlling the temperature within the room or 
space to below 68°F (20°C). 

REFRIGERATING SYSTEM. A combination of intercon- 
nected refrigerant-containing parts constituting one closed 
refrigerant circuit in which a refrigerant is circulated for the 
purpose of extracting heat. 

REFRIGERATION MACHINERY ROOM. See 'Machin- 
ery room." 

REFRIGERATION SYSTEM, ABSORPTION. A 

heat-operated, closed-refrigeration cycle in which a secondary 
fluid (the absorbent) absorbs a primary fluid (the refrigerant) 
that has been vaporized in the evaporator. 

Direct system. A system in which the evaporator is in direct 
contact with the material or space refrigerated, or is located 
in air-circulating passages communicating with such 
spaces. 

Indirect system. A system in which a brine coil cooled by 
the refrigerant is circulated to the material or space refriger- 
ated, or is utilized to cool the air so circulated. Indirect sys- 
tems are distinguished by the type or method of application. 

REFRIGERATION SYSTEM CLASSIFICATION. 

Refrigeration systems are classified according to the degree of 
probability that leaked refrigerant from a failed connection, 
seal or component will enter an occupied area. The distinction 
is based on the basic design or location of the components. 

REFRIGERATION SYSTEM, MECHANICAL. A combi- 
nation of interconnected refrigeration-containing parts consti- 
tuting one closed refrigerant circuit in which a refrigerant is 
circulated for the purpose of extracting heat and in which a 
compressor is used for compressing the refrigerant vapor. 

REFRIGERATION SYSTEM, SELF-CONTAINED. A 

complete factory-assembled and tested system that is shipped 



in one or more sections and has no refrigerant-containing parts 
that are joined in the field by other than companion or block 
valves. 

REGISTERED DESIGN PROFESSIONAL. Refer to Chap I 
ter 1 of Title 28 of the Administrative Code. 1 

RETURN AIR. Air removed from an approved conditioned 
space or location and recirculated or exhausted to the outside I 
atmosphere. | 

RETURN AIR SYSTEM. An assembly of connected ducts, 
plenums, fittings, registers and grilles through which air from 
the space or spaces to be heated or cooled is conducted back to 
the supply unit (see also "Supply air system"). 

ROOM HEATER, VENTED. A free-standing heating unit 
burning solid or liquid fuel for direct heating of the space in and 
adjacent to that in which the unit is located. 

SAFETY VALVE. A valve that relieves pressure in a steam 
boiler by opening fully at the rated discharge pressure. The 
valve is of the spring-pop type. 

SELF-CONTAINED EQUIPMENT. Complete, fac- 
tory-assembled and tested, heating, air-conditioning or refrig- 
eration equipment installed as a single unit, and having all 
working parts, complete with motive power, in an enclosed unit 
of said machinery. 

SHAFT. An enclosed space extending through one or more 
stories of a building, connecting vertical openings in succes- 
sive floors, or floors and the roof. 

SHAFT ENCLOSURE. The walls or construction forming 
the boundaries of a shaft. 

SMOKE DAMPER. A listed device that is designed to resist 
the passage of air and smoke. The device is arranged to operate 
automatically, controlled by a smoke detection system, and 
when required, is capable of being positioned manually from a 
remote command station. 

SMOKE-DEVELOPED INDEX. A numerical value 
assigned to a material tested in accordance with ASTM E 84. 

SOLID FUEL (COOKING APPLICATIONS). Applicable 
to commercial food service operations only, solid fuel is any 
bulk material such as hardwood, mesquite, charcoal or bri- 
quettes that is combusted to produce heat for cooking 
operations. 

SOURCE CAPTURE SYSTEM. A mechanical exhaust sys- 
tem designed and constructed to capture air contaminants at 
their source and to exhaust such contaminants to the outdoor 
atmosphere. 

STATIONARY FUEL CELL POWER PLANT. A self con- 
tained package or factory-matched packages which constitute 
an automatically operated assembly of integrated systems for 
generating useful electrical energy and recoverable thermal 
energy that is permanently connected and fixed in place. 

STEAM-HEATING BOILER. A boiler operated at pressures 
not exceeding 15 psig (103 kPa gage) for steam. 1 

STOP VALVE. A shutoff valve for controlling the flow of liq- 
uid or gases. 



2008 NEW YORK CITY MECHANICAL CODE 



13 



DEFINITIONS 



STORY. That portion of a building included between the upper 
surface of a floor and the upper surface of the floor next above, 
except that the topmost story shall be that portion of a building 
included between the upper surface of the topmost floor and the 
ceiling or roof above. 

STRENGTH, ULTIMATE. The highest stress level that the 
component will tolerate without rupture. 

SUPPLY AIR. That air delivered to each or any space supplied 
by the air distribution system or the total air delivered to all 
spaces supplied by the air distribution system, which is pro- 
vided for ventilating, heating, cooling, humidification, 
dehumidification and other similar purposes. 

SUPPLY AIR SYSTEM. An assembly of connected ducts, 
plenums, fittings, registers and grilles through which air, 
heated or cooled, is conducted from the supply unit to the space 
or spaces to be heated or cooled (see also "Return air system"). 

THEORETICAL AIR. The exact amount of air required to 
supply oxygen for complete combustion of a given quantity of 
a specific fuel. 

THERMAL RESISTANCE (R). A measure of the ability to 
retard the flow of heat. The R- value is the reciprocal of thermal 
conductance. 

TLV-TWA (THRESHOLD LIMIT VALUE-TIME 
WEIGHTED AVERAGE). The time-weighted average con- 
centration of a refrigerant or other chemical in air for a normal 
8-hour workday and a 40-hour workweek, to which nearly all 
workers are repeatedly exposed, day after day, without adverse 
effects, as adopted by the American Conference of Govern- 
ment Industrial Hygienists (ACGIH). 

TOILET ROOM. A room containing a water closet and, fre- 
quently, a lavatory, but not a bathtub, shower, spa or similar 
bathing fixture. 

TOXICITY CLASSIFICATION. Refrigerants shall be clas- 
sified for toxicity to one of two classes in accordance with 
ASHRAE 34. 

"* TRANSITION FITTINGS, PLASTIC TO STEEL. An 

adapter for joining plastic pipe to steel pipe. The purpose of this 
fitting is to provide a permanent, pressure-tight connection 
between two materials which cannot be joined directly one to 
another. 

UNCONFINED SPACE. A space having a volume not less 
than 50 cubic feet per 1,000 Btu/h (4.8m7kW) of the aggregate 
input rating of all appliances installed in that space. Rooms 
communicating directly with the space in which the appliances 
are installed, through openings not furnished with doors, are 
considered a part of the unconfined space. 

UNIT HEATER. A self-contained appliance of the fan type, 
designed for the delivery of warm air directly into the space in 
which the appliance is located. 

UNUSUALLY TIGHT CONSTRUCTION. Construction 
I meeting all of the following requirements: 

1. Walls exposed to the outside atmosphere having a con- 
tinuous water vapor retarder with a rating of 1 perm (57 
ng/s • m 2 • Pa) or less with openings gasketed or sealed; 
1 and 



2. Openable windows and doors meeting the air leakage 
requirements of the Energy Conservation Construction I 
Code of New York State, Section 502.1.4; and I 

3. Caulking or sealants are applied to areas, such as joints 
around window and door frames, between sole plates 
and floors, between wall-ceiling joints, between wall 
panels, at penetrations for plumbing, electrical and gas 
lines, and at other openings. 

VENT. A pipe or other conduit composed of factory-made 
components, containing a passageway for conveying combus- 
tion products and air to the atmosphere, listed and labeled for 
use with a specific type or class of appliance. 

Pellet vent. A vent listed and labeled for use with listed pel- 
let-fuel-burning appliances. 

Type L vent A vent listed and labeled for use with the fol- 
lowing: 

1. Oil-burning appliances that are listed for use with 
Type L vents. 

2. Gas-fired appliances that are listed for use with Type 
B vents. 

VENT CONNECTOR. The pipe that connects an approved 
fuel-fired appliance to a vent. 

VENT DAMPER DEVICE, AUTOMATIC. A device 
intended for installation in the venting system, in the outlet of 
an individual automatically operated fuel-burning appliance 
that is designed to open the venting system automatically when 
the appliance is in operation and to close off the venting system 
automatically when the appliance is in a standby or shutdown 
condition. 

VENTILATION. The natural or mechanical process of sup- 
plying conditioned or unconditioned air to, or removing such 
air from, any space. 

VENTILATION AIR. That portion of supply air that comes 
from the outside (outdoors), plus any recirculated air that has 
been treated to maintain the desired quality of air within a des- 
ignated space. 

VENTING SYSTEM. A continuous open passageway from 
the flue collar of an appliance to the outside atmosphere for the 
purpose of removing flue or vent gases. A venting system is 
usually composed of a vent or a chimney and vent connector, if 
used, assembled to form the open passageway. 

WATER HEATER. Any heating appliance or equipment that 
heats potable water and supplies such water to the potable hot 
water distribution system. 



14 



2008 NEW YORK CITY MECHANICAL CODE 



CHAPTER 3 

GENERAL REGULATIONS 



I SECTION MC 301 

GENERAL 

301.1 Scope. This chapter shall govern the approval and instal- 
lation of all equipment and appliances that comprise parts of 
the building mechanical systems regulated by this code in 
accordance with Section 101.2. 

301.2 Energy utilization. Heating, ventilating and air-condi- 
tioning systems of all structures shall be designed and installed 
for efficient utilization of energy in accordance with the Energy 

I Conservation Construction Code of New York State. 

301.3 Fuel gas appliances and equipment. The approval and 
installation of fuel gas distribution piping and equipment, fuel 
gas-fired appliances and fuel gas-fired appliance venting sys- 

I terns shall be in accordance with the New York City Fuel Gas 
Code. 

301.4 Listed and labeled. AH appliances regulated by this 
^ code shall be listed and labeled. 

1301.5 Testing of materials and equipment. Refer to Section 
28-1 13 of the Administrative Code. 

301.6 Label information. A permanent factory-applied 
name-plate(s) shall be affixed to appliances on which shall 
appear in legible lettering, the manufacturer's name or trade- 
mark, the model number, serial number and the seal or mark of 
the approved agency. A label shall also include the following: 

1. Electrical equipment and appliances: Electrical rating in 
volts, amperes and motor phase; identification of indi- 
vidual electrical components in volts, amperes or watts, 
motor phase; Btu/h (W) output; and required clearances. 

2. Absorption units: Hourly rating in Btu/h (W); minimum 
hourly rating for units having step or automatic modulat- 
ing controls; type of fuel; type of refrigerant; cooling 
capacity in Btu/h (W); and required clearances. 

3. Fuel-burning units: Hourly rating in Btu/h (W); type of 
fuel approved for use with the appliance; and required 
clearances. 

4. Electric comfort heating appliances: Name and 
trade-mark of the manufacturer; the model number or 
equivalent; the electric rating in volts, ampacity and 
phase; Btu/h (W) output rating; individual marking for 
each electrical component in amperes or watts, volts and 
phase; required clearances from combustibles; and a seal 
indicating approval of the appliance by an approved 
agency. 

301.7 Electrical. Electrical wiring, controls and connections 
to equipment and appliances regulated by this code shall be in 

I accordance with the New York City Electrical Code. 

301.8 Plumbing connections. Potable water supply and build- 
ing drainage system connections to equipment and appliances 

I regulated by this code shall be in accordance with the New York 
City Plumbing Code. 



301.9 Fuel types. Fuel-fired appliances shall be designed for 
use with the type of fuel to which they will be connected and the 
altitude at which they are installed. Appliances that comprise 
parts of the building mechanical system shall not be converted 
for the usage of a different fuel, except where approved and 
converted in accordance with the manufacturer' instructions. 
The fuel input rate shall not be increased or decreased beyond 
the limit rating for the altitude at which the appliance is 
installed. 

301.10 Vibration isolation. Where vibration isolation of 
equipment and appliances is employed, supplemental restraint 
shall be used to accomplish the support and restraint. 

301.11 Repair. Defective material or parts shall be replaced or 
repaired in such a manner so as to preserve the original 
approval or listing. 

301.12 Wind resistance. Mechanical equipment, appliances 
and supports that are exposed to wind shall be designed and 
installed to resist the wind pressures determined in accordance 
with the New York City Building Code. 

301.13 Flood hazard. For structures located in areas of special 
flood hazard, mechanical systems, equipment and appliances 
shall comply with Appendix G of the New York City Building 
Code. 

301.14 Rodent proofing. Buildings or structures and the walls 
enclosing habitable or occupiable rooms and spaces in which 
persons live, sleep or work, or in which feed, food or foodstuffs 
are stored, prepared, processed, served or sold, shall be con- 
structed to protect against the entrance of rodents in accordance 
with the New York City Building Code. 

301.15 Seismic resistance. When earthquake loads are appli- 
cable in accordance with the New York City Building Code, 
mechanical system supports shall be designed and installed for 
the seismic forces in accordance with the New York City Build- 
ing, Code. 



SECTION MC 302 
PROTECTION OF STRUCTURE 

302.1 Structural safety. The building or structure shall not be 
weakened by the installation of mechanical systems. Where 
floors, walls, ceilings or any other portion of the building or 
structure are required to be altered or replaced in the process of 
installing or repairing any system, the building or structure 
shall be left in a safe structural condition in accordance with the 
New York City Building Code. 

302.2 Penetrations of floor/ceiling assemblies and 
fire-resistance-rated assemblies. Penetrations of floor/ceil- 
ing assemblies and assemblies required to have a fire-resis- 
tance rating shall be protected in accordance with the New York 
City Building Code. 



2008 NEW YORK CITY MECHANICAL CODE 



15 



GENERAL REGULATIONS 



302.3 Cutting, notching and boring in wood framing. The 

cutting, notching and boring of wood framing members shall 
comply with Sections 302.3.1 through 302.3.4. 

302.3.1 Joist notching. Notches on the ends of joists shall 
not exceed one-fourth the joist depth. Holes bored in joists 
shall not be within 2 inches (51 mm) of the top or bottom of 
the joist, and the diameter of any such hole shall not exceed 
one-third the depth of the joist. Notches in the top or bottom 
of joists shall not exceed one-sixth the depth and shall not be 
located in the middle third of the span. 

302.3.2 Stud cutting and notching. In exterior walls and 
bearing partitions, any wood stud is permitted to be cut or 
notched not to exceed 25 percent of its depth. Cutting or 
notching of studs not greater than 40 percent of their depth is 
permitted in nonhealing partitions supporting no loads 
other than the weight of the partition. 

302.3.3 Bored holes. A hole not greater in diameter than 40 
percent of the stud depth is permitted to be bored in any 
wood stud. Bored holes not greater than 60 percent of the 
depth of the stud are permitted in nonhealing partitions or in 
any wall where each bored stud is doubled, provided not 
more than two such successive doubled studs are so bored. 
In no case shall the edge of the bored hole be nearer than 
0.625 inch (15.9 mm) to the edge of the stud. Bored holes 
shall not be located at the same section of stud as a cut or 
notch. 

302.3.4 Engineered wood products. Cuts, notches and 
holes bored in trusses, laminated veneer lumber, glue-lami- 
nated members and I-joists are prohibited except where the 
effects of such alterations are specifically considered in the 
design of the member. 

302.4 Alterations to trusses. Truss members and components 
shall not be cut, drilled, notched, spliced or otherwise altered in 
any way without written concurrence and approval of a regis- 
tered design professional. Alterations resulting in the addition 
of loads to any member (e.g., HVAC equipment, water heaters) 
shall not be permitted without verification that the truss is capa- 
ble of supporting such additional loading. 

302.5 Cutting, notching and boring in steel framing. The 

cutting, notching and boring of steel framing members shall 
comply with Sections 302.5.1 through 302.5.3. 

302.5.1 Cutting, notching and boring holes in structural 
steel framing. The cutting, notching and boring of holes in 
structural steel framing members shall be as prescribed by 
the registered design professional. 

302.5.2 Cutting, notching and boring holes in 
cold-formed steel framing. Flanges and lips of load-bear- 
ing cold-formed steel framing members shall not be cut or 
notched. Holes in webs of load-bearing cold-formed steel 
framing members shall be permitted along the centerline of 
the web of the framing member and shall not exceed the 
dimensional limitations, penetration spacing or minimum 
hole edge distance as prescribed by the registered design 
professional. Cutting, notching and boring holes of steel 
floor/ roof decking shall be as prescribed by the registered 
design professional. 



302.5.3 Cutting, notching and boring holes in 
nonstructural cold-formed steel wall framing. Flanges 
and lips of nonstructural cold-formed steel wall studs shall 
not be cut or notched. Holes in webs of nonstructural 
cold-formed steel wall studs shall be permitted along the 
center-line of the web of the framing member, shall not 
exceed 1 .5 inches (38 mm) in width or 4 inches (.1.02 mm) in 
length, and shall not be spaced less than 24 inches (610 .mm) 
center to center from another hole or less than 10 inches 
(254 mm) from the bearing end. 



SECTION MC 303 I 

EQUIPMENT AND APPLIANCE LOCATION 

303.1 General. Equipment and appliances shall be located as 
required by this section, specific requirements elsewhere in this 
code and the conditions of the equipment and appliance listing. 

303.2 Hazardous locations. Appliances shall not be located in 
a hazardous location unless listed and approved for the specific 
installation. 

303.3 Prohibited locations. Fuel-fired appliances shall not be 
located in, or obtain combustion air from, any of the following 
rooms or spaces: 

1 . Rooms occupied for sleeping purposes. I 

2. Bathrooms. 

3. Toilet rooms. 

4. Storage closets. 

5. Surgical rooms. 

Exception: This section shall not apply to the following 
appliances: 

1. Direct-vent appliances that obtain all combustion air 
directly from the outdoors. 

2. Solid fuel-fired appliances provided that the room is 
not a confined space and the building is not of unusu- 
ally tight construction. 

3. Appliances installed in a dedicated enclosure in 
which all combustion air is taken directly from the 
outdoors, in accordance with Section 703. Access to 
such enclosure shall be through a solid door, 
weather-stripped in accordance with the exterior door 
air leakage requirements of the Energy Conservation 
Construction Code of New York State and equipped I 
with an approved self-closing device. 

303.4 Protection from damage. Appliances shall not be 
installed in a location where subject to mechanical damage 
unless protected by suitable barriers. I 

303.5 Indoor locations. Fuel-fired furnaces and boilers 
installed in closets and alcoves shall be listed for such installa- 
tion. For purposes of this section, a closet or alcove shall be 
defined as a room or space having a volume less than 12 times 
the total volume of fuel-fired appliances other than boilers and 
less than 16 times the total volume of boilers. Room volume 
shall be computed using the gross floor area and the actual ceil- 
ing height up to a maximum computation height of 8 feet (2438 
mm). 



16 



2008 NEW YORK CITY MECHANICAL CODE 



GENERAL REGULATIONS 



303.6 Outdoor locations. Appliances installed in other than 
indoor locations shall be listed and labeled for outdoor installa- 
tion. 

303.7 Pit locations. Appliances installed in pits or excavations 
shall not come in direct contact with the surrounding soil. The 
sides of the pit or excavation shall be held back a minimum of 
12 inches (305 mm) from the appliance. Where the depth 
exceeds 12 inches (305 mm) below adjoining grade, the walls 
of the pit or excavation shall be lined with concrete or masonry. 
Such concrete or masonry shall extend a minimum of 4 inches 
(102 mm) above adjoining grade and shall have sufficient lat- 
eral load-bearing capacity to resist collapse. The appliance 
shall be protected from flooding. 

303.8 Elevator shafts. Mechanical systems shall not be 
located in an elevator shaft. 



1 SECTION MC 304 

INSTALLATION 

304.1 General. Equipment and appliances shall be installed as 
required by the terms of their approval, in accordance with the 
conditions of the listing, the manufacturer's installation 
instructions and this code. Manufacturer's installation instruc- 
tions shall be available on the job site at the time of inspection. 

304.2 Conflicts. Where conflicts between this code and the 
conditions of listing or the manufacturer's installation instruc- 
tions occur, the provisions of this code shall apply. 

Exception: Where a code provision is less restrictive than 
the conditions of the listing of the equipment or appliance or 
the manufacturer's installation instructions, the conditions 
of the listing and the manufacturer's installation instructions 
shall apply. 

304.3 Elevation of ignition source. Equipment and appliances 
having an ignition source and located in hazardous locations 
and public garages, private garages, repair garages, automotive 
motor- fuel-dispensing facilities and parking garages shall be 
elevated such that the source of ignition is not less than 18 
inches (457 mm) above the floor surface on which the equip- 
ment or appliance rests. Such equipment and appliances shall 
not be installed in Group H occupancies or control areas where 
open use, handling or dispensing of combustible, flammable or 
explosive materials occurs. For the purpose of this section, 
rooms or spaces that are not part of the living space of a dwell- 
ing unit and that communicate directly with a private garage 
through openings shall be considered to be part of the private 
garage. 

304.4 Hydrogen generating and refueling operations. 

I Hydrogen generating^: and refueling operations shall be pro- 
hibited except as permitted by the Commissioner of the Fire 
Department. 

304.5 Public garages. Appliances located in public garages, 
I motor- fuel -dispensing facilities, repair garages or other areas 

frequented by motor vehicles, shall be installed a minimum of 8 
feet (2438 mm) above the floor. Where motor vehicles exceed 6 
feet (1829 mm) in height and are capable of passing under an 
appliance, appliances shall be installed a minimum of 2 feet 



(610 mm) higher above the floor than the height of the tallest 
vehicle. 

Exception: The requirements of this section shall not apply 
where the appliances are protected from motor vehicle 
impact and installed in accordance with Section 304.3 and 
NFPA 88B. 

304.6 Private garages. Appliances located in private garages 
and carports shall be installed with a minimum clearance of 6 
feet (1829 mm) above the floor. 

Exception: The requirements of this section shall not apply 
where the appliances are protected from motor vehicle 
impact and installed in accordance with Section 304.3. 

304.7 Construction and protection. Boiler rooms and fur- 
nace rooms shall be protected as required by the New York City I 
Building Code. 

304.8 Clearances to combustible construction. Heat-pro- 
ducing equipment and appliances shall be installed to maintain 
the required clearances to combustible construction as speci- 
fied in the listing and manufacturer's instructions. Such clear- 
ances shall be reduced only in accordance with Section 308. 
Clearances to combustibles shall include such considerations 
as door swing, drawer pull, overhead projections or shelving 
and window swing, shutters, coverings and drapes. Devices 
such as doorstops or limits, closers, drapery ties or guards shall 
not be used to provide the required clearances. 

304.9 Clearances from grade. Equipment and appliances 
installed at grade level shall be supported on a level concrete 
slab or other approved material extending above adjoining 
grade or shall be suspended a minimum of 6 inches ( 1 52 mm) 
above adjoining grade. 

304.10 Guards. Guards shall be provided where appliances, 
equipment, fans or other components that require service are 
located within 10 feet (3048 mm) of a roof edge or open side of 
a walking surface and such edge or open side is located more 
than 30 inches (762 mm) above the floor, roof or grade below. 
The guard shall extend not less than 30 inches (762 mm) 
beyond each end of such appliance, equipment, fan or compo- 
nent and the top of the guard shall be located not less than 42 
inches (1067 mm) above the elevated surface adjacent to the 
guard. The guard shall be constructed so as to prevent the pas- 
sage of a 21 -inch-diameter (533 mm) sphere and shall comply 
with the loading requirements for guards specified in the New I 
York City Building Code. \ 

304.11 Area served. Appliances serving different areas of a 
building other than where they are installed shall be perma- 
nently marked in an approved manner that uniquely identifies 
the appliance and the area it serves. 



SECTION MC 305 
PIPING SUPPORT 

305.1 General. All mechanical system piping shall be sup- 
ported in accordance with this section. 

305.2 Materials. Pipe hangers and supports shall have suffi- 
cient strength to withstand all anticipated static and specified 
dynamic loading conditions associated with the intended use. 



2008 NEW YORK CITY MECHANICAL CODE 



17 



GENERAL REGULATIONS 



Pipe hangers and supports that are in direct contact with piping 
■*> shah be of materials that are compatible with the piping and 
that will not promote galvanic action. 

305.3 Structural attachment. Hangers and anchors shall be 
I attached to the building structure. 

305.4 Interval of support. Piping shall be supported at dis- 
tances not exceeding the spacing specified in Table 305.4, or in 
accordance with MSS SP-69. 



TABLE 305.4 
PIPING SUPPORT SPACING 3 



PIPING MATERIAL 


MAXIMUM 

HORIZONTAL 

SPACE 

(feet) 


MAXIMUM 
VERTICAL 
SPACING 

(feet) 


ABS pipe 


4 


10 c 


Aluminum pipe and tubing 


10 


15 


Brass pipe 


10 


10 


Brass tubing, 1 J / 4 -inch diameter and 
smal lei- 


6 


10 


Brass tubing, 1 '^-inch diameter and 
larger 


10 


10 


Cast-iron pipe b 


5 


15 


Copper or copper-alloy pipe 


12 


10 


Copper or copper-alloy tubing 1 '/ 4 -inch 
diameter and smaller 


6 


10 


Copper or copper-alloy tubing J '/ 2 -inch 
diameter and larger 


10 


10 


CPVC pipe or tubing, 1 inch and 
smaller 


3 


10 c 


CPVC pipe or tubing, 1 V 4 - inch and 
larger 


4 


10 c 


Steel pipe 


12 


15 


Steel tubing 


8 


10 


Lead pipe 


Continuous 


4 


PB pipe or tubing 


2 2 / 3 
(32 inches) 


4 


PEX tubing 


2V 3 
(32 inches) 


10 c 


PVC pipe 


4 


10 c 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm. 

a. See Section 301.14. 

b. The maximum horizontal spacing of cast-iron pipe hangers shall be 
increased to .10 feet where 10-feet lengths of pipe are installed. 

c. Mid-story guide. 

305.5 Protection against physical damage. In concealed 
locations where piping, other than cast-iron or steel, is installed 
through holes or notches in studs, joists, rafters or similar mem- 
bers less than 1.5 inches (38 mm) from the nearest edge of the 
member, the pipe shall be protected by shield plates. Protective 
shield plates shall be a minimum of 0.062-inch-thi.ck (1.6 mm) 
steel, shall cover the area of the pipe where the member is 



notched or bored, and shall extend a minimum of 2 inches 
(51mm) above sole plates and below top plates. 



SECTION MC 306 
ACCESS AND SERVICE SPACE 

306.1 Clearances for maintenance and replacement. Clear- 
ances around appliances to elements of permanent construc- 
tion, including other installed equipment and appliances, shall 
be sufficient to allow inspection, service, repair or replacement 
without removing such elements of permanent construction or 
disabling the function of a required fire-resistance-rated 
assembly. 

306.1.1 Central furnaces. Central furnaces within com- 
partments or alcoves shall have a minimum working space 
clearance of 3 inches (76 mm) along the sides, back and top 
with a total width of the enclosing space being at least 12 
inches (305 mm) wider than the furnace. Furnaces having a 
firebox open to the atmosphere shall have at least 6 inches 
(152 mm) working space along the front combustion cham- 
ber side. Combustion air openings at the rear or side of the 
compartment shall comply with the requirements of Chap- 
ter 7. 

Exception: This section shall not apply to replacement 
appliances installed in existing compartments and 
alcoves where the working space clearances are in accor- 
dance with the equipment or appliance manufacturer's 
installation instructions. 

306.2 Appliances in rooms. Rooms containing appliances 
requiring access shall be provided with a door and an unob- 
structed passageway measuring not less than 36 inches (914 
mm) wide and 80 inches (2032 mm) high. 

Exception: Within a dwelling unit, appliances installed in a 
compartment, alcove, basement or similar space shall be 
accessed by an opening or door and an unobstructed pas- 
sageway measuring not less than 24 inches (610 mm) wide 
and large enough to allow removal of the largest appliance 
in the space, provided that a level service space of not less 
than 30 inches (762 mm) deep and the height of the appli- 
ance, but not less than 30 inches (762 mm), is present at the 
front or service side of the appliance with the door open. 

306.3 Appliances in attics. Attics containing appliances 
requiring access shall be provided with an opening and unob- 
structed passageway large enough to allow removal of the larg- 
est appliance. The passageway shall not be less than 30 inches 
(762 mm) high and 22 inches (559 mm) wide and not more than 
20 feet (6096 ram) in length measured along the centerline of 
the passageway from the opening to the appliance. The pas- 
sageway shall have continuous solid flooring not less than 24 
inches (610 mm) wide. A level service space not less than 30 
inches (762 mm) deep and 30 inches (762 mm) wide shall be 
present at the front or service side of the appliance. The clear 
access opening dimensions shall be a minimum of 20 inches by 
30 inches (508 mm by 762 mm), where such dimensions are 
large enough to allow removal of the largest appliance. 

Exception: The passageway and level service space are not 
required where the appliance is capable of being serviced 
and removed through the required opening. 



18 



2008 NEW YORK CITY MECHANICAL CODE 



GENERAL REGULATIONS 



306.3.1 Electrical requirements. A lighting fixture con- 
trolled by a switch located at the required passageway open- 
ing and a receptacle outlet shall be provided at or near the 
I appliance location in accordance with the New York City 
Electrical Code. 

306.4 Appliances under floors. Underfloor spaces containing 
appliances requiring access shall be provided with an access 
opening and unobstructed passageway large enough to remove 
the largest appliance. The passageway shall not be less than 30 
inches (762 mm) high and 22 inches (559 mm) wide, nor more 
than 20 feet (6096 mm) in length measured along the centerline 
of the passageway from the opening to the appliance. A level 
service space riot less than 30 inches (762 mm) deep and 30 
inches (762 mm) wide shall be present at the front or service 
side of the appliance. If the depth of the passageway or the ser- 
vice space exceeds 12 inches (305 mm) below the adjoining 
grade, the walls of the passageway shall be lined with concrete 
or masonry. Such concrete or masonry shall extend a minimum 
of 4 inches (102 mm) above the adjoining grade and shall have 
sufficient lateral-bearing capacity to resist collapse. The clear 
access opening dimensions shall be a minimum of 22 inches by 
30 inches (559 mm by 762 mm), where such dimensions are 
large enough to allow removal of the largest appliance. 

Exception: The passageway is not required where the level 
service space is present when the access is open and the 
appliance is capable of being serviced and removed through 
the required opening. 

306.4.1 Electrical requirements. A lighting fixture con- 
trolled by a switch located at the required passageway open- 
ing and a receptacle outlet shall be provided at or near the 
I appliance location in accordance with the New York City 
Electrical Code. 

306.5 Equipment and appliances on roofs or elevated struc- 
tures. Where equipment and appliances requiring access are 
installed on roofs or elevated structures at a height exceeding 
16 feet (4877 mm), such access shall be provided by a perma- 

■* nent means of access, the extent of which shall be from grade or 
I floor level to the equipment and appliances' level service space. 
Such access shall not require climbing over obstructions 
greater than 30 inches (762 mm) high or walking on roofs hav- 
ing a slope greater than 4 units vertical in 12 units horizontal 
(33-percent slope). 

Permanent ladders installed to provide the required access 
shall comply with the following minimum design criteria: 

1. The side railing shall extend above the parapet or roof 
edge not less than 30 inches (762 mm). 

2. Ladders shall have rung spacing not to exceed 14 inches 
(356 mm) on center. 

3. Ladders shall have a toe spacing not less than 6 inches 
(152 mm) deep. 

4. There shall be a minimum of 18 inches (457 mm) 
between rails. 

I 5. Rungs shall have a minimum 0.75 inch (19. 1 mm) diam- 
eter and be capable of withstanding a 300-pound (136.1 
kg) load. 



6. Ladders over 30 feet (9144 mm) in height shall be pro- 
vided with offset sections and landings capable of with- 
standing 100 pounds (488.2 kg/m 2 ) per square foot. 

7. Ladders shall be protected against corrosion. 

Catwalks installed to provide the required access shall be not 
less than 24 inches (610 mm) wide and shall have railings as 
required for service platforms. 

Exception: This section shall not apply to Group R-3 occu- 
pancies. 

306.6 Sloped roofs. Where appliances are installed on a roof 
having a slope of 3 units vertical in 1 2 units horizontal (25-per- 
cent slope) or greater and having an edge more than 30 inches 
(762 mm) above grade at such edge, a level platform shall be 
provided on each side of the appliance to which access is 
required by the manufacturer's installation instructions for ser- 
vice, repair or maintenance. The platform shall not be less than 
30 inches (762 mm) in any dimension and shall be provided 
with guards in accordance with Section 304.10. 



SECTION MC 307 1 

CONDENSATE DISPOSAL 

307.1 Fuel-burning appliances. Liquid combustion by-prod- 
ucts of condensing appliances shall be collected and dis- 
charged to a plumbing fixture or disposal area in accordance I 
with the manufacturer's installation instructions. Condensate 
piping shall be of corrosion-resistant material and shall not be 4" 
smaller than the drain connection on the appliance. Such piping 
shall maintain a minimum horizontal slope in the direction of 
discharge of not less than 7 8 unit vertical in 1 2 units horizontal 

(1 -percent slope). 

307.2 Evaporators and cooling coils. Condensate drain sys- 
tems shall be provided for equipment and appliances contain- 
ing evaporators or cooling coils. Condensate drain systems 
shall be designed, constructed and installed in accordance with 
Sections 307.2.1 through 307.2.4. 

307.2.1 Condensate disposal. Condensate from all cooling 
coils and evaporators shall be conveyed from the drain pan 
outlet to a place of disposal. Condensate shall not discharge 1 
into a street, alley or other areas so as to cause a nuisance. 

307.2.2 Drain pipe materials and sizes. Components of 
the condensate disposal system shall be cast iron, galva- 
nized steel, copper, cross-linked polyethylene, polyethyl- +m 
ene, ABS, CPVC or PVC pipe or tubing. All components 
shall be selected for the pressure and temperature rating of 
the installation. Condensate waste and drain line size shall 

be not less than 3 / 4 inch (19 mm) internal diameter and shall 
not decrease in size from the drain pan connection to the 
place of condensate disposal. Where the drain pipes from 
more than one unit are manifolded together for condensate 
drainage, the pipe or tubing shall be sized accordingly. All I 
horizontal sections of drain piping shall be installed in uni- 
form alignment at a uniform slope. 

307.2.3 Auxiliary and secondary drain systems. In addi- 
tion to the requirements of Section 307.2.1, a secondary 
drain or auxiliary drain pan shall be required for each cool- 
ing or evaporator coil where damage to any building compo- 



2008 NEW YORK CITY MECHANICAL CODE 



19 



GENERAL REGULATIONS 



nents will occur as a result of overflow from the equipment 
drain pan or stoppage in the condensate drain piping. One of 
the following methods shall be used: 

1. An auxiliary drain pan with a separate drain shall be 
provided under the coils on which condensation will 
occur. The auxiliary pan drain shall discharge to a 
conspicuous point of disposal to alert occupants in the 
event of a stoppage of the primary drain. The pan shall 
have a minimum depth of 1.5 inches (38 mm), shall 
not be less than 3 inches (76 mm) larger than the unit 
or the coil dimensions in width and length and shall be 
constructed of corrosion-resistant material. Metallic 
pans shall have a minimum thickness of not less than 
0.0276-inch (0.7 mm) galvanized sheet metal. Non- 
metallic pans shall have a minimum thickness of not 
less than 0.0625 inch (1.59 mm). 

2. A separate overflow drain line shall be connected to 
the drain pan provided with the equipment. Such 
overflow drain shall discharge to a conspicuous point 
of disposal to alert occupants in the event of a stop- 
page of the primary drain. The overflow drain line 
shal I connect to the drain pan at a higher level than the 
primary drain connection. 

3. An auxiliary drain pan without a separate drain line 
shall be provided under the coils on which condensate 
will occur. Such pan shall be equipped with a 
water-level detection device that will shut off the 
equipment served prior to overflow of the pan. The 
auxiliary drain pan shall be constructed in accordance 
with Item 1 of this section. 

307.2.4 Traps. Condensate drains shall be trapped as 
required by the equipment or appliance manufacturer. 

307.3 Exceptions. This section applies to permanently 
installed equipment. Window units and through-the-wall 
air-conditioning units are exempt from the requirements of this 
section. 



SECTION MC 308 
CLEARANCE REDUCTION 

308.1 Scope. This section shall govern the reduction in 
required clearances to combustible materials and combustible 
assemblies for chimneys, vents, kitchen exhaust equipment, 
mechanical appliances, and mechanical devices and equip- 
ment. 

308.2 Listed appliances and equipment. The reduction of the 
required clearances to combustibles for listed and labeled 
appliances and equipment shall be in accordance with the 
requirements of this section except that such clearances shall 
not be reduced where reduction is specifically prohibited by the 
terms of the appliance or equipment listing. 

308.3 Protective assembly construction and installation. 

Reduced clearance protective assemblies, including structural 
and support elements, shall be constructed of noncombustible 
materials. Spacers utilized to maintain an airspace between the 
protective assembly and the protected material or assembly 



shall be noncombustible. Where a space between the protective 
assembly and protected combustible material or assembly is 
specified, the same space shall be provided around the edges of 
the protective assembly and the spacers shall be placed so as to 
allow air circulation by convection in such space. Protective 
assemblies shall not be placed less than 1 inch (25 mm) from 
the mechanical appliances, devices or equipment, regardless of 
the allowable reduced clearance. 

308.4 Allowable reduction. The reduction of required clear- 
ances to combustible assemblies or combustible materials shall 
be based on the utilization of a reduced clearance protective 
assembly in accordance with Section 308.5 or 308.6. 

308.5 Labeled assemblies. The allowable clearance reduction 
shall be based on a reduced clearance protective assembly that <■ 
has been tested and bears the label of an approved agency. 

308.6 Reduction table. The allowable clearance reduction 
shall be based on one of the methods specified in Table 308.6. 
Where required clearances are not listed in Table 308.6, the 
reduced clearances shall be determined by linear interpolation 
between the distances listed in the table. Reduced clearances 
shall not be derived by extrapolation below the range of the 
table. 

308.7 Solid fuel-burning appliances. The clearance reduction 
methods specified in Table 308.6 shall not be utilized to reduce 
the clearance required for solid fuel-burning appliances that 
are labeled for installation with clearances of 12 inches (305 
mm) or less. Where appliances are labeled for installation with 
clearances of greater than 12 inches (305 mm), the clearance 
reduction methods of Table 308.6 shall not reduce the clear- 
ance to less than 12 inches (305 mm). 

308.8 Masonry chimneys. The clearance reduction methods 
specified in Table 308.6 shall not be utilized to reduce the clear- 
ances required for masonry chimneys as specified in Chapter 8 
and the New York City Building Code. I 

308.9 Chimney connector pass-throughs. The clearance 
reduction methods specified in Table 308.6 shall not be utilized 
to reduce the clearances required for chimney connector 
pass-throughs as specified in Section 803.10.4. 

308.10 Masonry fireplaces. The clearance reduction methods 
specified in Table 308.6 shall not be utilized to reduce the clear- 
ances required for masonry fireplaces as specified in Chapter 8 
and the New York City Building Code. I 

308.11 Kitchen exhaust ducts. The clearance reduction meth- 
ods specified in Table 308.6 shall not be utilized to reduce the 
minimum clearances required by Section 506.3.10 for kitchen 
exhaust ducts enclosed in a shaft. 



SECTION MC 309 
TEMPERATURE CONTROL 

309.1 Space-heating systems. Interior spaces intended for 
human occupancy shall be provided with active or passive 
space-heating systems capable of maintaining a minimum 
indoor temperature of 68°F (20°C) at a point 3 feet (914 mm) 
above floor on the design heating day. The installation of porta- 
ble space heaters shall not be used to achieve compliance with 



20 



2008 NEW YORK CITY MECHANICAL CODE 



GENERAL REGULATIONS 



I this section. Refer to Section 1204 of the New York City Build- 
ing Code. 

Exception: Interior spaces where the primary purpose is 
not associated with human comfort. 



SECTION MC 310 
EXPLOSION CONTROL 

310.1 Required. Structures occupied for purposes involving 
explosion hazards shall be provided with explosion control in 
compliance with rules of the Commissioner of the Fire Depart- 
ment. Explosion control systems shall be designed and 
installed in accordance with the New York City Fire Code 



SECTION MC 311 
SMOKE AND HEAT VENTS 

311.1 Required. Approved smoke and heat vents shall be 
installed in the roofs of one-story buildings where required by 
the New York City Fire Code. Smoke and heat vents shall be 
designed and installed in accordance with the New York City 
Fire Code. 



SECTION MC 312 
HEATING AND COOLING LOAD CALCULATIONS 

312.1 Load calculations. Heating and cooling system design 
loads for the purpose of sizing systems, appliances and equip- 
ment shall be determined in accordance with the procedures 
described in the ASHRAE Handbook of Fundamentals. Heat- 
ing and cooling loads shall be adjusted to account for load 
reductions that are achieved when energy recovery systems are 
utilized in the HVAC system in accordance with the ASHRAE 
Handbook - HVAC Systems and Equipment. Alternatively, 
design loads shall be determined by an approved equivalent 
computation procedure, using the design parameters specified 
in Chapter 3 of the Energy Conservation Construction Code of 
New York State. Heating and cooling system design loads for 
the purpose of sizing systems, appliances and equipment shall 
also comply with the requirements of Section 1 204 of the New 
York City Building Code. 



TABLE 308.6 
CLEARANCE REDUCTION METHODS 



TYPE OF PROTECTIVE ASSEMBLY 3 


REDUCED CLEARANCE WITH PROTECTION (inches) 3 


Horizontal combustible assemblies 
located above the heat source 


Horizontal combustible assemblies 

located beneath the heat source and all 

vertical combustible assemblies 


Required clearance to combustibles 
without protection (inches) 3 


Required clearance to combustible without 
protection (inches) 3 


36 


18 


9 


6 


36 


18 


9 


6 


Galvanized sheet metal, minimum nominal thickness of 
0.0296 inch (No. 22 Gage), mounted on 1-inch glass fiber 
or mineral wool batt reinforced with wire on the back, 1 
inch off the combustible assembly 


18 


9 


5 


3 


12 


6 


3 


3 


Two layers of galvanized sheet metal, minimum nominal 
thickness of 0.024 inch (No. 24 Gage), having a 1-ineh 
airspace between layers, spaced 1 inch off the combustible 
assembly 


18 


9 


5 


3 


12 


6 


3 


3 


Two layers of galvanized sheet metal, minimum nominal 
thickness of 0.024 inch (No. 24 Gage), having 1 inch of 
fiberglass insulation between layers, spaced 1 inch off the 
combustible assembly 


18 


9 


5 


3 


12 


6 


3 


3 


0.5-inch inorganic insulating board, over 1 inch of 
fiberglass or mineral wool batt, against the combustible 
assembly 


24 


12 


6 


4 


18 


9 


5 


3 


3.5-inch brick wall, spaced 1 inch off the combustible wall 


— 


— 








12 


6 


6 


6 


3.5-inch brick wall, against the combustible wall 


— 


— 


— 


— 


24 


12 


6 


5 



For SI: 1 inch = 25.4 mm, °C = [(°F)-32]/l .8, 1 pound per cubic foot = 16.02 kg/m\ 1 .0 Btu * in/ft 2 • h • °F = 0. 144 W/m 2 • K. 

a. Mineral wool and glass fiber batts (blanket or board) shall have a minimum density of 8 pounds per cubic foot and a minimum melting point of 1 ,500°F Insulation 

material utilized as part of a clearance reduction system shall have a thermal conductivity of 1.0 Btu * in. /(ft 2 • h ■ °F) or less. Insulation board shall be formed of 

noncombustible material. 



2008 NEW YORK CITY MECHANICAL CODE 



21 



22 2008 NEW YORK CITY MECHANICAL CODE 



CHAPTER 4 

VENTILATION 



I SECTION MC 401 

GENERAL 

401.1 Scope. This chapter shall govern the ventilation of 
spaces within a building intended to be occupied. This chapter 
does not govern the requirements for smoke control systems. 

I See Section 5 1 3 of this code. 

401.2 Ventilation required. Every occupied space shall be 
ventilated by natural means in accordance with Section 402 or 
by mechanical means in accordance with Section 403. 

401.3 When required. Ventilation shall be provided during the 
periods that the room or space is occupied. 

401.4 Exits. Equipment and ductwork for exit enclosure venti- 
lation shall comply with one of the following items: 

1. Such equipment and ductwork shall be located exterior 
to the building and shall be directly connected to the exit 
enclosure by ductwork enclosed in construction as 

I required by the New York City Building Code for shafts. 

2. Where such equipment and ductwork is located within 
the exit enclosure, the intake air shall be taken directly 
from the outdoors and the exhaust air shall be discharged 
directly to the outdoors, or such air shall be conveyed 
through ducts enclosed in construction as required by the 

I New York City Building Code for shafts. 

3. Where located within the building, such equipment and 
ductwork shall be separated from the remainder of the 
building, including other mechanical equipment, with 

1 construction as required by the New York City Building 

Code for shafts. 

In each case, openings into fire-resistance-rated construc- 
tion shall be limited to those needed for maintenance and oper- 
ation and shall be protected by self-closing 

I fire-resistance-rated devices in accordance with the New York 
City Building Code for enclosure wall opening protectives. 

Exit enclosure ventilation systems shall be independent of 
other building ventilation systems. 

401.5 Opening location. Outside air exhaust and intake open- 
ings shall be located a minimum of 10 feet (3048 mm.) from lot 
lines or buildings on the same lot. Where openings front on a 
street or public way, the distance shall be measured to the cen- 
teiiine of the street or public way. Outdoor intakes for high-rise 
office buildings having occupied floors located more than 75 
feet (22 860 mm) above the lowest level of fire department 
vehicle access serving spaces above the second story and serv- 
ing spaces greater than 10,000 square feet (929 m 2 ) of floor 
area shall be located at least 20 feet (6096 mm) above ground 
level, at least 30 feet (9 144 mm) from exhaust outlets and other 
exhaust discharges, and at least 20 feet (6096 mm) from areas 
that may collect vehicular exhaust, such as off street loading 
bays. 

Exception: Group R-3. 



401.5.1 Intake openings. Mechanical and gravity outside 
air intake openings, shall be located a minimum of 20 feet 
(6096 mm) from any hazardous or noxious contaminant 
such as vents, chimneys, plumbing vents, streets, alleys, 
parking lots and loading docks, except as otherwise speci- 
fied in this code. Where a source of contaminant is located 
within 20 feet (6096 mm) of an intake opening, such open- 
ing shall be located a minimum of 2 feet (610 mm) below the 
contaminant source. 

An outdoor air intake opening with gross area of more 
than 144 square inches (0.0929 m 2 ) shall be provided with 
fire dampers and smoke dampers, or combined fire and 
smoke dampers when such opening is located as follows: 

1. Less than 30 feet (9144 mm) above grade. 

2. Less than 30 feet (9 144 mm) in any direction from any 
opening in another building. 

3. Less than 15 feet (4572 mm) from a lot line. 

4. Less than 50 feet (15 240 mm) above and less than 50 
feet (15 240 mm) in any direction from a roof con- 
structed of combustible material or a building in 
which the exterior walls are constructed wholly or 
partly of wood. 

Exceptions: 

1. Smoke dampers shall not be required for outdoor 
air intake openings installed in any construction 
required to have a fire-resistance rating that is less 
than 2 hours. 

2. Smoke dampers shall not be required for outdoor 
air intake openings of systems greater than 15,000 
cfm (7.1 m 3 /s) which are provided with smoke 
dampers in accordance with Chapter 6 of this code 
and arranged so as to not introduce smoke into the 
building or space in which the equipment is 
located. 

401.5.2 Exhaust openings. To minimize the hazard from 
fires and from noxious, toxic or obnoxious discharges to 
structures, any exhaust air discharge to the outside atmo- 
sphere shall terminate at or above the roof or setback roof of 
the buildings or in an exterior wall adjoining a street, yard or 
court. Exhaust air discharges shall be at least 10 feet (3048 
mm) above the sidewalk or ground and shall terminate at 
least 10 feet (3048 mm) from any window in another build- 
ing or from any window in a residential portion of the same 
building, or from any fire escape, exterior stair, or balcony. 
Exhaust system openings shall be provided with vanes or 
louvers constructed so as to direct the air away from win- 
dows, other openings, and pedestrians. 

Exception: In Occupancy Groups R-2 and R-3 each 
dwelling unit may be individually exhausted directly to 



2008 NEW YORK CITY MECHANICAL CODE 



23 



VENTILATION 



the outdoors with a dedicated, continuously operated 
exhaust fan and shall comply with the following: 

1. The exhaust system for the kitchen and the toi- 
let/baths may be combined to the inlet of a single 
fan, provided such exhaust system serves only one 
dwelling unit. 

2. The dedicated exhaust from each dwelling unit 
shall be directed away from any window serving 
the same dwelling unit from which the exhaust is 
taken, and in addition, such exhaust opening shall 
terminate at least: 

2.1. Two feet (6 1 mm) from any window serv- 
ing the same dwelling unit. 

2.2. Four feet (1219 mm) from any window 
serving an adjoining dwelling unit. 

2.3. Four feet (1219 mm) from any window 
serving another occupancy group in the 
same building. 

2.4. Ten feet (3048 mm) from any outdoor air 
intake opening. 

2.5. Ten feet (3048 mm) above the public side- 
walk adjoining the same building. 

3. All other minimum distances described in Sec- 
tion:): 401.5 shall be met. 

401.5.3 Flood hazard. For structures located in areas of 
special flood hazard, outdoor exhaust openings shall com- 
ply with Appendix G of the New York City Building Code. 

401.6 Outdoor opening protection. Air exhaust and intake 
openings that terminate outdoors shall be protected with corro- 
sion-resistant screens, louvers or grilles. Openings in louvers, 
grilles and screens shall be sized in accordance with Table 
401.6, and shall be protected against local weather conditions. 
Outdoor air exhaust and intake openings located in exterior 
walls shall meet the provisions for exterior wall opening 
protectives in accordance with the New York City Building 
Code. 

TABLE 401 .6 

OPENING SIZES IN LOUVERS, GRILLES AND 

SCREENS PROTECTING OUTDOOR EXHAUST AND 

AIR INTAKE OPENINGS 



OUTDOOR OPENING TYPE 


MINIMUM AND MAXIMUM OPENING 

SIZES IN LOUVERS, GRILLES AND 

SCREENS MEASURED IN ANY 

DIRECTION 


Exhaust openings 


Not < '/ 4 inch and not > V 2 inch 


Intake openings in residential 
occupancies 


Not < '/ 4 inch and not > V 2 inch 


Intake openings in other than 
residential occupancies 


> V 4 inch and not > 1 inch 



For SI: 1 inch = 25.4 mm. 



401.7 Contaminant sources. Stationary local sources produc- 
ing air-borne particulates, heat, odors, fumes, spray, vapors, 
smoke or gases in such quantities as to be irritating or injurious 
to health shall be provided with an exhaust system in accor- 
dance with Chapter 5 or a means of collection and removal of 



the contaminants. Such exhaust shall discharge directly to an 
approved location at the exterior of the building. 



SECTION MC 402 I 
NATURAL VENTILATION 

402.1 General. Natural ventilation of an occupied space shall I 
comply with Chapter 12 of the New York City Building Code. \ 

402.2 Reserved. I 

402.3 Reserved. | 

402.4 Reserved. I 



SECTION MC 403 
MECHANICAL VENTILATION 

403.1 Ventilation system. Mechanical ventilation shall be pro- 
vided by a method of supply air and return or exhaust air. The 
amount of supply air shall be approximately equal to the 
amount of return and exhaust air. The system shall not be pro- 
hibited from producing negative or positive pressure. The sys- 
tem to convey ventilation air shall be designed and installed in 
accordance with Chapter 6. 

Ventilation supply systems shall be designed to deliver the 
required rate of supply air to the occupied zone within an occu- 
pied space. The occupied zone shall have boundaries measured 
at 3 inches (76 mm) and 72 inches (1829 mm) above the floor 
and 24 inches (610 mm) from the enclosing walls. 

403.2 Outdoor air required. The minimum ventilation rate of 
required outdoor air shall be determined in accordance with 
Section 403.3. 

403.2.1 Recirculation of air. The air required by Section 
403.3 shall not be recirculated. Air in excess of that required 
by Section 403.3 shall not be prohibited from being 
recirculated as a component of supply air to building spaces, 
except that: 

1. Ventilation air shall not be recirculated from one 
dwelling unit to another or to dissimilar occupancies. 

2. Supply air to a swimming pool and associated deck 
areas shall not be recirculated unless such air is dehu- 
midified to maintain the relative humidity of the area 
at 60 percent or less. Air from this area shall not be 
recirculated to other spaces. 

3. Where mechanical exhaust is required by Table 
403.3, recirculation of air from such spaces shall be 
prohibited. All air supplied to such spaces shall be 
exhausted, including any air in excess of that required 
by Table 403.3. 

403.2.2 Transfer air. Except where recirculation from such 
spaces is prohibited by Table 403.3, air transferred from 
occupied spaces is not prohibited from serving as makeup 
air for required exhaust systems in such spaces as kitchens, 
baths, toilet rooms, elevators and smoking lounges. The 
amount of transfer air and exhaust air shall be sufficient to 
provide the flow rates as specified in Sections 403.3 and 
403.3.1. The required outdoor air rates specified in Table 
403.3 shall be introduced directly into such spaces or into 



24 



2008 NEW YORK CITY MECHANICAL CODE 



VENTILATION 



the occupied spaces from which air is transferred or a com- 
bination of both. 

403.3 Ventilation rate. Ventilation systems shall be designed 
to have the capacity to supply the minimum outdoor airflow 
rate determined in accordance with Table 403.3 based on the 
occupancy of the space and the occupant load or other parame- 
ter as stated therein. The occupant load utilized for design of 
the ventilation system shall not be less than the number deter- 
mined from the estimated maximum occupant load rate indi- 
cated in Table 403.3. Ventilation rates for occupancies not 
represented in Table 403.3 shall be determined by an approved 
engineering analysis. The ventilation system shall be designed 
to supply the required rate of ventilation air continuously dur- 
ing the period the building is occupied, except as otherwise 
stated in other provisions of the code. 

Exception: The occupant load is not required to be deter- 
mined, based on the estimated maximum occupant load rate 
indicated in Table 403.3, where approved statistical data 
document the accuracy of an alternate anticipated occupant 
density. 



TABLE 403.3 
REQUIRED OUTDOOR VENTILATION AIR 



TABLE 403.3 
REQUIRED OUTDOOR VENTILATION AIR- 



-continued 



OCCUPANCY CLASSIFICATION 


ESTIMATED 

MAXIMUM 

OCCUPANT 

LOAD, 

PERSONS PER 

1,000 SQUARE 

FEET a 


OUTDOOR AIR 

(Cubic feet per 

minute (cfm) per 

person) UNLESS 

NOTED 6 


Correctional facilities 

Cells 

without plumbing fixtures 
with plumbing fixtures 

Dining halls 

Guard stations 


20 
20 
100 
40 


20 
20 
15 

15 


Dry cleaners, laundries 

Coin-operated dry cleaner 
Coin-operated laundries 
Commercial dry cleaner 
Commercial laundry 
Storage, pick up 


20 
20 
30 
10 
30 


15 
15 
30 

25 
35 


Education 

Auditoriums 
Classrooms 
Corridors 
Laboratories 
Libraries 
Locker rooms b 
Music rooms 
Smoking lounges big 
Training shops 


150 
50 

30 
20 

50 
70 
30 


15 

15 
0.10 cfm/ft 2 

20 

15 
0.50 cfm/ft 2 

15 

60 

20 


Food and beverage service 

Bars,, cocktail lounges 
Cafeteria, fast food 
Dining rooms 
Kitchens (cooking) f,g 


100 
100 

70 
20 


30 
20 
20 
15 



OCCUPANCY CLASSIFICATION 



Hospitals, nursing and 
convalescent homes 

Autopsy rooms b 
Medical procedure rooms 
Operating rooms 
Patient rooms 
Physical therapy 
Recovery and ICU 



ESTIMATED 

MAXIMUM 

OCCUPANT 

LOAD, PERSONS 

PER 1,000 
SQUARE FEET 3 



OUTDOOR AIR 

(Cubic feet per 

minute (cfm) per 

person) UNLESS 

NOTED e 



Hotels, motels, resorts and 
dormitories 

Assembly rooms 
Bathrooms b; = 
Bedrooms 
Conference rooms 
Dormitory sleeping areas 
Gambling casinos 
Living rooms 
Lobbies 



Laboratories 

Biological 
Chemical 

Industrial and nonteaching 
Nonproduction chemical 
labs h 



Offices 

Conference rooms 
Office spaces 
Reception areas 
Telecommunication 
centers and data entry 



20 
20 
10 
20 
20 



1 20 



50 
20 
120 

30 



8 

8 

8 

as per NFPA 45 



50 
7 
60 

60 



Private dwellings, single and 
multiple 

Garages, common for 

multiple units b 
Garages, separate for each 

dwelling 

Kitchens g 



Living areas ' 



Toilet rooms and 
bathrooms g 



0.50 cfm/ft 2 
15 

30 
25 
15 
15 



35 cfm per room 
30 cfm per room 

20 

15 

30 
30 cfm per room 

15 



1 .0 cfm/ft 2 

1 .0 cfm/ft 2 

1 .0 cfm/ft 2 

as per NFPA 45 



20 
20 
15 

20 



Based upon 

number of 
bedrooms. First 

bedroom: 2; 
each additional 

bedroom: 1 



1 .5 cfm/ft 2 

1 00 cfm per car 

100 cfm intermit- 
tent or 25 cfm 
continuous 

0.35 air changes 

per hour 1 or 1 5 

cfm per person, 

whichever is 

greater 



Mechanical 
exhaust capacity 

of 50 cfm 

intermittent or 20 

cfm continuous 



(continued) 



(continued) 



2008 NEW YORK CITY MECHANICAL CODE 



25 



VENTILATION 



TABLE 403.3 
REQUIRED OUTDOOR VENTILATION AIR— continued 



TABLE 403.3— continued 
REQUIRED OUTDOOR VENTILATION AIR 





ESTIMATED 






MAXIMUM 


OUTDOOR AIR 




OCCUPANCY 


(Cubic feet per 




LOAD PERSONS 


minute (cfm) per 


OCCUPANCY CLASSIFICATION 


PER 1,000 


person) 


SQUARE FEET a 


UNLESS NOTED e 


Public spaces 






Corridors and utilities 


— 


0.05 cfm/ft 2 


Elevators 8 


— 


1 .00 cfm/ft 2 


Locker rooms' 1 




0.5 cfm/ft 2 


Shower room 






(per shower head) b,s 


70 


50 cfm 

intermittent or 

20 cfm 

continuous 

60 


Smoking lounges 1 '** 






Toilet rooms'^ 




75 cfm per water 


— 


closet or urinal 


Retail stores, sales floors and 






showroom floors 






Basement and street 


— 


0.30 cfm/ft 2 


Dressing rooms 


— 


0.20 cfm/ft 2 


Malls and arcades 


— 


0.20 cfm/ft 2 


Shipping and receiving 


— 


0.15 cfm/ft 2 


Smoking lounge sb 


70 


60 


Storage rooms 


— 


0.15 cfm/ft 2 


Upper floors 


— 


0.20 cfm/ft 2 


Warehouses 


— 


0.05 cfm/ft 2 


Specialty shops 






Automotive 






motor- fuel-dispensing 






stations 


— 


1 .5 cfm/ft 2 


Barber 


25 


15 


Beauty 


25 


25 


Clothiers, furniture 


— 


0.30 cfm/ft 2 


Florists 


8 


15 


Hardware, drugs, fabrics 


8 


15 


Nail salon b 


— 


25 


Pet shops 


— 


1.00 cfm/ft 2 


Reducing salons 


20 


15 


Supermarket 


8 


15 


Sports and amusement 






Ballrooms and discos 


100 


25 


Bowling alleys 






(seating areas) 


70 


25 


Game rooms 


70 


25 


Ice arenas 


— 


0.50 cfm/ft 2 


Playing floors (gymnasiums) 


30 


20 


Spectator areas 


150 


15 


Swimming pools 






(pool and deck area) 


— 


0.50 cfm/ft 2 


Storage 






Repair garages, enclosed 






parking garages' 1 


— 


1.5 cfm/ft 2 


Warehouses 


— 


0.05 cfm/ft 2 





ESTIMATED 






MAXIMUM 


OUTDOOR AIR 




OCCUPANCY 


(Cubic feet per 




LOAD PERSONS 


minute (cfm) per 


OCCUPANCY CLASSIFICATION 


PER 1,000 


person) 


SQUARE FEET a 


UNLESS NOTED e 


Theaters 






Auditoriums 


150 


15 


Lobbies 


150 


20 


Stages, studios 


70 


15 


Ticket booths 


60 


20 


Transportation 






Platforms 


100 


15 


Vehicles 


150 


15 


Waiting rooms 


100 


15 


Workrooms 






Bank vaults 


5 


15 


Darkrooms 


— 


0.50 cfm/ft 2 


Duplicating, printing 


— 


0.50 cfm/ft 2 


Meat processing 


10 


15 


Pharmacy 


20 


15 


Photo studios 


10 


15 



f. 



(continued) 



For SI: 1 cubic foot per minute = 0.00047 19 rrrVs, 1 ton = 908 kg, 
1 cubic foot per minute per square foot = 0.00508 mV(s • m 2 ), 
°C = [(°F) -32] /1..8, 1 square foot = 0.0929 m 2 . 

a. Based upon net floor area. 

b. Mechanical exhaust required and the recirculation of air from such spaces as 
permitted by Section 403.2.1 is prohibited (see Section 403.2.1). 

c. Spaces unhealed or maintained below 50°F are not covered by these require- 
ments unless the occupancy is continuous. 

d. Ventilation systems in enclosed parking garages shall comply with Section 
404. A mechanical ventilation system shall not be required in garages having 
a floor area not exceeding 850 square feet and used for the storage of not 
more than four vehicles or trucks of 1 ton maximum capacity. 

e. Where the ventilation rate is expressed in cfm/ft 2 , such rate is based upon 
cubic feet per minute per square foot of the floor area being ventilated. 
The sum of the outdoor and transfer air from adjacent spaces shall be suffi- 
cient to provide an exhaust rate of not less than 1 .5 cfm/ft 2 . 
Transfer air permitted in accordance with Section 403.2.2. 
Nonproduction chemical laboratories subject to Section 41 9 of the New York 
City Building Code. 

403.3.1 System operation. The .minimum flow rate of out- 
door air that the ventilation system must be capable of sup- 
plying during its operation shall be permitted to be based on 
the rate per person indicated in Table 403.3 and the actual 
number of occupants present. Intermittent exhaust shall be 
permitted where an individual exhaust duct and fan are pro- 
vided and the operation of the fan is controlled by occupants 
of the space being vented. 

403.3.2 Common ventilation system. Where spaces hav- 
ing different ventilation rate requirements are served by a 
common ventilation system, the ratio of outdoor air to total 
supply air for the system shall be determined based on the 
space having the largest outdoor air requirement or shall be 
determined in accordance with the following formula: 



Y=X/(l+X-Z) 



(Equation 4-1) 



26 



2008 NEW YORK CITY MECHANICAL CODE 



VENTILATION 



where: 

Y - V 0( /V so = Corrected fraction of outdoor air in system 
supply. 

X = V ol /V zl = Uncorrected fraction of outdoor air in sys- 
tem supply. 

Z = V /V lc - Fraction of outdoor air in critical space. The 
critical space is that space with the greatest 
required fraction of outdoor air in the supply 
to this space. 

V 0( . - Corrected total outdoor airflow rate. 

V-j = Total supply flow rate, ie., the sum of all 

supply for all branches of the system. 

V ox = Sum of outdoor airflow rates for all branches 

on system. 

V oc = Outdoor airflow rate required in critical 

spaces. 

V lc = Supply flow rate in critical space. 

403.3.3 Variable air volume system control. Variable air 
volume air distribution systems, other than those designed 
to supply only 100-percent outdoor air, shall be provided 
with controls to regulate the flow of outdoor air. Such con- 
trol systems shall be designed to maintain the flow of out- 
door air at a rate of not less than that required by Section 403 
over the entire range of supply air operating rates, 

403.3.4 Balancing. Ventilation systems shall be balanced 
by an approved method. Such balancing shall verify that the 
ventilation system is capable of supplying the airflow rates 
required by Section 403. 



systems whenever the spaces are occupied. Air-conditioning 
systems that supply required ventilation air shall be provided 
with controls designed to automatically maintain the required 
outdoor air supply rate during occupancy. 

405.2 Manual control. Each air distribution system shall be 
provided with not less than one manual control to stop the oper- 
ation of the supply, return, and exhaust fans(s) in an emergency. 
The manual control shall be provided at an approved location. 

405.2.1 Office buildings. Any building where the main use 
or dominant occupancy is classified in Occupancy Group B 
having occupied floors located more than 75 feet (22 860 
mm) above the lowest level of fire department vehicle 
access, where a system serves a floor or floors other than the 
floor on which the equipment is located, shall be provided 
with the following controls, in addition to the controls 
required by this chapter: 

1. Manual controls for operating individually each air 
supply and each exhaust or return fan in the system 
located as follows: 

1.1. At the Fire Command Center, and 

1.2. In the room containing the affected air-han- 
dling fans. 

2. Manual controls for operating individually or in 
groups each remote control reversible fire shutter, 
when such shutters are provided in accordance with 
the provisions of the New York City Building Code, or 
each smoke damper provided in accordance with the 
provisions of the New York City Building Code. Such 
controls shall be located at the Fire Command Center. 



SECTION MC 404 
ENCLOSED PARKING GARAGES 

404.1 Enclosed parking garages. Mechanical ventilation sys- 
tems for enclosed parking garages are not required to operate 
continuously where the system is arranged to operate automati- 
cally upon detection of a concentration of carbon monoxide of 
25 parts per million (ppm) by approved automatic detection 
devices. 

404.2 Minimum ventilation. Automatic operation of the sys- 
tem shall not reduce the ventilation rate below 0.05 cfm per 
square foot (0.00025 m 3 /s • m 2 ) of the floor area and the system 
shall be capable of producing a ventilation rate of 1.5 cfm per 
square foot (0.0076m 3 /s • m 2 ) of floor area. 

404.3 Occupied spaces accessory to public garages. Con- 
necting offices, waiting rooms, ticket booths and similar uses 
that are accessory to a public garage shall be maintained at a 
positive pressure and shall be provided with ventilation in 
accordance with Section 403.3. 



SECTION MC 405 
SYSTEMS CONTROL 

405.1 General. Mechanical ventilation systems shall be pro- 
vided with manual or automatic controls that will operate such 



SECTION MC 406 
VENTILATION OF UNINHABITED SPACES 

406.1 General. Uninhabited spaces, such as crawl spaces and 
attics, shall be provided with natural ventilation openings as 
required by the New York City Building Code or shall be pro- 
vided with a mechanical exhaust and supply air system. The 
mechanical exhaust rate shall be not less than 0.02 cfm per 
square foot (0.00001 m 3 /s • m 2 ) of horizontal area and shall be 
automatically controlled to operate when the relative humidity 
in the space served exceeds 60 percent. 



SECTION MC 407 

VENTILATION OF NONPRODUCTION CHEMICAL 

LABORATORIES 

407.1 General. Nonproduction chemical laboratories comply- 
ing with the hazardous materials quantity limitations of Sec- 
tion 419 of the New York City Building Code shall provide a 
mechanical ventilation system in accordance with this code 
and NFPA 45, except that ducts constructed of combustible 
materials shall not be permitted. 



2008 NEW YORK CITY MECHANICAL CODE 



27 



28 2008 NEW YORK CITY MECHANICAL CODE 



CHAPTER 5 

EXHAUST SYSTEMS 



SECTION MC 501 
GENERAL 

501.1 Scope. This chapter shall govern the design, construc- 
tion and installation of mechanical exhaust systems, including 
dust, stock and refuse conveyor systems, exhaust systems serv- 
ing commercial cooking appliances and energy recovery venti- 
lation systems. 

501.2 Outdoor discharge. The air removed by every mechani- 
cal exhaust system shall be discharged outdoors at a point 
where it will not cause a nuisance and from which it cannot 
again be readily drawn in by a ventilating system. Air shall not 
be exhausted into an attic or crawl space. 

Exception: Whole-house ventilation-type attic fans that 
discharge into the attic space of dwelling units having pri- 
vate attics. 

501.3 Pressure equalization. Mechanical exhaust systems 
shall be sized to remove the quantity of air required by this 
chapter to be exhausted. The system shall operate when air is 
required to be exhausted. Where mechanical exhaust is 
required in a room or space in other than occupancies in Group 
R-3, such space shall be maintained with a neutral or negative 
pressure. If a greater quantity of air is supplied by a mechanical 
ventilating supply system than is removed by a mechanical 
exhaust system for a room, adequate means shall be provided 
for the natural exit of the excess air supplied. If only a mechani- 
cal exhaust system is installed for a room or if a greater quantity 
of air is removed by a mechanical exhaust system than is sup- 
plied by a mechanical ventilating supply system for a room, 
adequate means shall be provided for the natural supply of the 
deficiency in the air supplied. 

501.4 Ducts. Where exhaust duct construction is not specified 
in this chapter, such construction shall comply with Chapter 6 
of this code. 

501.5 Independent system required. 

1. Single or combined mechanical exhaust systems from 
bath, toilet, urinal, locker, service sink closets and simi- 
lar rooms shall be independent of all other exhaust sys- 
tems, except as permitted in Section 401.5.2. 

2. A separate grease duct system shall be provided for each 
Type I hood except as provided in Section 5063.5. 

3. Hazardous exhaust systems shall be independent of 
other types of exhaust systems as provided in Section 
510. 



SECTION MC 502 
REQUIRED SYSTEMS 

502.1 General. An exhaust system shall be provided, main- 
tained and operated as specifically required by this section and 
for all occupied areas where machines, vats, tanks, furnaces, 
forges, salamanders and other appliances, equipment and pro- 



cesses in such areas produce or throw off dust or particles suffi- 
ciently light to float in the air, or which emit heat, odors, fumes, 
spray, gas or smoke, in such quantities so as to be irritating or 
injurious to health or safety. 

502.1.1 Exhaust location. The inlet to an exhaust system 
shall be located in the area of heaviest concentration of con- 
taminants. 

502.1.2 Fuel-dispensing areas. The bottom of an air inlet 
or exhaust opening in fuel-dispensing areas shall be located 
not more than 18 inches (457 mm) above the floor. 

502.1.3 Equipment, appliance and service rooms. Equip- 
ment, appliance and system service rooms that house 
sources of odors, fumes, noxious gases, smoke, steam, dust, 
spray or other contaminants shall be designed and con- 
structed so as to prevent spreading of such contaminants to 
other occupied parts of the building. 

502.1.4 Hazardous exhaust. The mechanical exhaust of 
high concentrations of dust or hazardous vapors shall con- 
form to the requirements of Section 510. 

502.2 Aircraft fueling and deluding. Compartments housing 
piping, pumps, air eliminators, water separators, hose reels and 
similar equipment used in aircraft fueling and defueling opera- 
tions shall be adequately ventilated at floor level or within the 
floor itself. 

502.3 Battery-charging areas. Ventilation shall be provided 
in an approved manner in battery-charging areas to prevent a 
dangerous accumulation of flammable gases. 

502.4 Stationary lead-acid battery systems. Ventilation shall 
be provided for stationary lead-acid battery systems in accor- 
dance with this chapter and Section 502.4.1 or 502.4.2. 

502.4.1 Hydrogen limit. The ventilation system shall be 
designed to limit the maximum concentration of hydrogen 
to 1.0 percent of the total volume of the room. 

502.4.2 Ventilation rate. Continuous ventilation shall be 
provided at a rate of not less than 1 cubic foot per minute per 
square foot (cfm/ft 2 ) [0.00508 m 3 /(s ■ m 2 )] of floor area of 
the room. 

502.5 Valve-regulated lead-acid batteries. Valve-regulated 
lead-acid battery systems as regulated by the New York City I 
Fire Code, shall be provided with ventilation in accordance 
with Section 502.5.1 or 502.5.2 for rooms and in accordance 
with Section 502.5.3 or 502.5.4 for cabinets. 

502.5.1 Hydrogen limit in rooms. The ventilation system 
shall be designed to limit the maximum concentration of 
hydrogen to 1 .0 percent of the total volume of the room dur- 
ing the worst-case event of simultaneous boost charging of 
all batteries in the room. 

502.5.2 Ventilation rate in rooms. Continuous ventilation 
shall be provided at a rate of not less than 1 cubic foot per 



2008 NEW YORK CITY MECHANICAL CODE 



29 



EXHAUST SYSTEMS 



minute per square foot (cfm/ft 2 ) [0.00508 m 3 /(s • m 2 )] of 
floor area of the room. 

502.5.3 Hydrogen limit in cabinets. The ventilation sys- 
tem shall be designed to limit the maximum concentration 
of hydrogen to 1 .0 percent of the total volume of the cabinet 
during the worst-case event of simultaneous boost charging 
of all batteries in the cabinet. 

502.5.4 Ventilation rate in cabinets. Continuous ventila- 
tion shall be provided at a rate of not less than 1 cubic foot 
per minute per square foot (cfm/ft 2 ) [0.00508 m 3 /(s • m 2 )] of 
the floor area covered by the cabinet. The room in which the 
cabinet is installed shall also be ventilated as required by 
Section 502.5.1 or 502.5.2. 

502.6 Dry cleaning plants. Mechanical ventilation in dry 
cleaning plants shall be provided and shall be adequate to pro- 
tect employees and the public in accordance with this section 
and DOL 29 CFR Part 1910.1000, where applicable. 

502.6.1 Type II and III systems. Type II and III dry clean- 
ing systems shall be provided with a mechanical ventilation 
system that is designed to exhaust 1 cubic foot of air per 
minute for each square foot of floor area (1 cfm/ft 2 ) 
[0.00508 m 3 /(s • m 2 )] in dry cleaning rooms and in drying 
rooms. The ventilation system shall operate automatically 
when the dry cleaning equipment is in operation and shall 
have manual controls at an approved location. 

502.6.2 Type IV and V systems. Type IV and V dry clean- 
ing systems shall be provided with an automatically acti- 
vated exhaust ventilation system to maintain a minimum of 
100 feet per minute (0.5 m/s) air velocity through the load- 
ing door when the door is opened. 

Exception: Dry cleaning units are not required to be pro- 
vided with exhaust ventilation where an exhaust hood is 
installed immediately outside of and above the loading 
door which operates at an airflow rate as follows: 



Q=l00xA LD 
where: 

Q 



(Equation 5-1) 



Flow rate exhausted through the hood, cubic feet 
per minute. 

A U) - Area of the loading door, square feet. 

502.6.3 Spotting and pretreating. Scrubbing tubs, scour- 
ing, brushing or spotting operations shall be located such 
that solvent vapors are captured and exhausted by the venti- 
lating system. 

502.7 Application of flammable finishes. Mechanical 
exhaust as required by this section shall be provided for opera- 
tions involving the application of flammable finishes and shall 
comply with the New York City Fire Code. 

502.7.1 During construction. Ventilation shall be provided 
for operations involving the application of materials con- 
taining flammable solvents in the course of construction, 
alteration or demolition of a structure. 

502.7.2 Limited spraying spaces. Positive mechanical 
ventilation which provides a minimum of six complete air 
changes per hour shall be installed in limited spraying 



spaces. Such system shall meet the requirements of the New 
York City Fire Code for handling flammable vapors. Explo- 
sion venting is not required. 

502.7.3 Spraying areas. Mechanical ventilation of spray- 
ing areas and resin application areas shall be provided in 
accordance with Sections 502.7.3.1 through 502.7.3.7. 

502.7.3.1 Operation. Mechanical ventilation shall be 
kept in operation at all times while spraying operations 
are being conducted and for a sufficient time thereafter to 
allow vapors from drying coated articles and finishing 
material residue to be exhausted. Spraying equipment 
shall be interlocked with the ventilation of the spraying 
area such that spraying operations cannot be conducted 
unless the ventilation system is in operation. 

502.7.3.2 Recirculation. Air exhausted from spraying 
operations shall not be recirculated. 

Exceptions: 

1. Air exhausted from spraying operations shall 
be permitted to be recirculated as makeup air 
for unmanned spray operations provided that: 

1.1. Solid particulate has been removed. 

1.2. The vapor concentration is less than 25 
percent of the lower flammable limit 
(LFL). 

1.3. Approved equipment is used to monitor 
the vapor concentration. 

1.4. An alarm is sounded and spray opera- 
tions are automatically shut down if the 
vapor concentration exceeds 25 percent 
of the LFL. 

1.5. The spray booths, spray spaces or spray 
rooms involved in any recirculation 
process shall be provided with mechan- 
ical ventilation that shall automatically 
exhaust 100 percent of the required air 
volume in the event of shutdown by 
approved equipment used to monitor 
vapor concentrations. 

2. Air exhausted from spraying operations shall 
be permitted to be recirculated as makeup air to 
manned spraying operations if all of the condi- 
tions provided in Exception 1 are included in 
the installation and documents have been pre- 
pared to show that the installation does not 
present life safety hazards to personnel inside 
the spray booth, spray space or spray room. 

502.7.3.3 Air velocity. Ventilation systems shall be 
designed, installed and maintained such that the average 
air velocity over the open face of the booth, or booth 
cross section in the direction of airflow during spraying 
operations, is not less than 100 feet per minute (0.51 
m/s). 

502.7.3.4 Ventilation obstruction. Articles being 
sprayed shall be positioned in a manner that does not 
obstruct collection of overspray. 



30 



2008 NEW YORK CITY MECHANICAL CODE 



EXHAUST SYSTEMS 



502.7.3.5 Independent ducts. Each spray booth and 
spray room shall have an independent exhaust duct sys- 
tem discharging to the outdoors. 

Exceptions: 

1. Multiple spray booths having a combined fron- 
tal area of 18 square feet (1.67m 2 ) or less are 
allowed to have a common exhaust where iden- 
tical spray-finishing material is used in each 
booth. If more than one fan serves one booth, 
such fans shall be interconnected so that all fans 
operate simultaneously. 

2. Where treatment of exhaust is necessary for air 
pollution control or energy conservation, ducts 
shall be allowed to be manifolded if all of the 
following conditions are met: 

2.1. The sprayed materials used are compat- 
ible and will not react or cause ignition 
of the residue in the ducts. 

2.2. Nitrocellulose-based finishing material 
shall not be used. 

2.3. A filtering system shall be provided to 
reduce the amount of over spray carried 
into the duct manifold. 

2.4. Automatic sprinkler protection shall be 
provided at the junction of each booth 
exhaust with the manifold, in addition 
to the protection required by this chap- 
ter. 

502.7.3.6 Termination point. The termination point for 
exhaust ducts discharging to the atmosphere shall be 
located with the following minimum distances. 

1. For ducts conveying explosive or flammable 
vapors, fumes or dusts: 30 feet (9144 mm) from 
the property line; 10 feet (3048 mm) from open- 
ings into the building; 6 feet (1829 mm) from exte- 
rior walls and roofs; 30 feet (9144 mm) from 
combustible walls and openings into the building 
which are in the direction of the exhaust discharge; 
10 feet (3048 mm) above adjoining grade. 

2. For other product-conveying outlets: 10 feet (3048 
mm) from the property line; 3 feet (9 1.4 mm) from 
exterior walls and roofs; 10 feet (3048 mm) from 
openings into the building; 10 feet (3048 mm) 
above adjoining grade. 

3. For environmental air duct exhaust: 3 feet (914 
mm) from the property line; 3 feet (914 mm) from 
openings into the building. 

502.7.3.7 Fan motors and belts. Electric motors driving 
exhaust fans shall not be placed inside booths or ducts. 
Fan rotating elements shall be nonferrous or nonsparking 
or the casing shall consist of, or be lined with, such mate- 
rial. Belts shall not enter the duct or booth unless the belt 
and pulley within the duct are tightly enclosed. 

502.7.4 Dipping operations. Vapor areas of dip tank opera- 
tions shall be provided with mechanical ventilation ade- 



quate to prevent the dangerous accumulation of vapors. 
Required ventilation systems shall be so arranged that the 
failure of any ventilating fan will automatically stop the dip- 
ping conveyor system. 

502.7.5 Electrostatic apparatus. The spraying area in 
spray-finishing operations involving electrostatic apparatus 
and devices shall be ventilated in accordance with Section 
502.7.3. 

502.7.6 Powder coating. Exhaust ventilation for pow- 
der-coating operations shall be sufficient to maintain the 
atmosphere below one-half of the minimum explosive con- 
centration for the material being applied. Nondeposited, 
air-suspended powders shall be removed through exhaust 
ducts to the powder recovery cyclone or receptacle. 

502.7.7 Floor resurfacing operations. To prevent the 
accumulation of flammable vapors during floor resurfacing 
operations, mechanical ventilation at a minimum rate of 1 
cfm/ft 2 [0.00508 m-V(s • m 2 )] of area being finished shall be 
provided. Such ventilation shall be by approved temporary 
or portable means. Vapors shall be exhausted to the out- 
doors. Such ventilation equipment shall be kept in operation 
while the floor finishing operations are conducted and until 
any flammable vapors have been exhausted. 

502.7.8 Resin application areas. Exhaust ventilation for 
resin application areas shall comply with Section 502.7.3. 

Exception: Mechanical ventilation is not required for 
buildings that are unenclosed for at least 75 percent of the 
perimeter. 

502.8 Hazardous materials — general requirements. 

Exhaust ventilation systems for structures containing hazard- 
ous materials shall be provided as required in Sections 502.8.1 
through 502.8.5 and shall comply with the New York City Fire I 
Code. I 

502.8.1 Storage in excess of the maximum allowable 
quantities. Indoor storage areas and storage buildings for 
hazardous materials in amounts exceeding the maximum 
allowable quantity per control area shall be provided with 
mechanical exhaust ventilation or natural ventilation where 
natural ventilation can be shown to be acceptable for the 
materials as stored. 

Exception: Storage areas for flammable solids comply- 
ing with the New York City Fire Code. I 

502.8.1.1 System requirements. Exhaust ventilation 
systems shall comply with all of the following: 

1. The installation shall be in accordance with this 
code. 

2. Mechanical ventilation shall be provided at a rate 
of not less than 1 cfm/ft 2 [0.00508 mV(s • m 2 )] of 
floor area over the storage area. 

3. The systems shall operate continuously unless 
alternate designs are approved. 

4. A manual shutoff control shall be provided outside 
of the room in a position adjacent to the access 
door to the room or in another approved location. 
The switch shall be of the break-glass type and 



2008 NEW YORK CITY MECHANICAL CODE 



31 



EXHAUST SYSTEMS 



shall be labeled: VENTILATION SYSTEM 
EMERGENCY SHUTOFF. 

5. The exhaust ventilation system shall be designed 
to consider the density of the potential fumes or 
vapors released. For fumes or vapors that are 
heavier than air, exhaust shall be taken from a 
point within 12 inches (304 mm) of the floor. 

6. The location of both the exhaust and inlet air open- 
ings shall be designed to provide air movement 
across all portions of the floor or room to prevent 
the accumulation of vapors. 

7. The exhaust ventilation shall not be recirculated 
within the room or building if the materials stored 
are capable of emitting hazardous vapors. 

502.8.2 Gas rooms, exhausted enclosures and gas cabi- 
nets. The ventilation system for gas rooms, exhausted 
enclosures and gas cabinets for any quantity of hazardous 
material shall be designed to operate at a negative pressure 
in relation to the surrounding area. Highly toxic and toxic 
gases shall also comply with Sections 502.9.7.1, 502.9.7.2 
and 502.9.8.4. 

502.8.3 Indoor dispensing and use. Indoor dispensing and 
use areas for hazardous materials in amounts exceeding the 
maximum allowable quantity per control area shall be pro- 
vided with exhaust ventilation in accordance with Section 

I 502.8.1. 

Exception: Ventilation is not required for dispensing 
and use of flammable solids other than finely divided 
particles. 

502.8.4 Indoor dispensing and use-point sources. Where 
gases, liquids or solids in amounts exceeding the maximum 
allowable quantity per control area and having a hazard 
ranking of 3 or 4 in accordance with NFPA 704 are dis- 
pensed or used, mechanical exhaust ventilation shall be pro- 
vided to capture fumes, mists or vapors at the point of 
generation. 

Exception: Where it can be demonstrated that the gases, 
liquids or solids do not create harmful fumes, mists or 
vapors. 

502.8.5 Closed systems. Where closed systems for the use 
of hazardous materials in amounts exceeding the maximum 
allowable quantity per control area are designed to be 
opened as part of normal operations, ventilation shall be 
provided in accordance with Section 502.8.4. 

502.9 Hazardous materials — requirements for specific 
materials. Exhaust ventilation systems for specific hazardous 
materials shall be provided as required in Section 502.8 and 

I Sections 502.9.1 through 502.9.11 and shall comply with the 
New York City Fire Code. 

502.9.1 Compressed gases medical gas systems. Rooms 
for the storage of compressed medical gases in amounts 
exceeding the maximum allowable exempt quantity per 
control area, and which do not have an exterior wall, shall be 
exhausted through a duct to the exterior of the building. 

IEach space shall be separately exhausted, and each exhaust 
air stream shall be enclosed in a 1 -hour-rated shaft enclo- 



sure from the room to the exterior. Approved mechanical 
ventilation shall be provided at a minimum rate of 1 cfm/ft 2 
[0,00508 m 3 /(s • m 2 )] of the area of the room. 

Gas cabinets for the storage of compressed medical gases 
in amounts exceeding the maximum allowable quantity per 
control area shall be connected to an exhaust system. The 
average velocity of ventilation at the face of access ports or 
windows shall be not less than 200 feet per minute (.1.02 
m/s) with a minimum velocity of 150 feet per minute (0.76 
m/s) at any point at the access port or window. 

502.9.2 Corrosives. Where corrosive materials in amounts 
exceeding the maximum allowable quantity per control area 
are dispensed or used, mechanical exhaust ventilation in 
accordance with Section 502.8.4 shall be provided. 

502.9.3 Cryogenics. Storage areas for stationary or porta- 
ble containers of cryogenic fluids in any quantity shall be 
ventilated in accordance with Section 502.8. Indoor areas 
where cryogenic fluids in any quantity are dispensed shall 
be ventilated in accordance with the requirements of Sec- 
tion 502.8.4 in a manner that captures any vapor at the point 
of generation. 

Exception: Ventilation for indoor dispensing areas is not 
required where it can be demonstrated that the cryogenic 
fluids do not create harmful vapors. 

502.9.4 Explosives. Squirrel cage blowers shall not be used 
for exhausting hazardous fumes, vapors or gases in operat- 
ing buildings and rooms for the manufacture, assembly or 
testing of explosives. Only nonferrous fan blades shall be 
used for fans located within the ductwork and through 
which hazardous materials are exhausted. Motors shall be 
located outside the duct. 

502.9.5 Flammable and combustible liquids. Exhaust 
ventilation systems shall be provided as required by Sec- 
tions 502.9.5.1 through 502.9.5.5 for the storage, use, dis- 
pensing, mixing and handling of flammable and 
combustible liquids. Unless otherwise specified, this sec- 
tion shall apply to any quantity of flammable and combusti- 
ble liquids. 

Exception: This section shall not apply to flammable 
and combustible liquids that are exempt from the New I 
York City Fire Code. I 

502.9.5.1 Vaults. Vaults that contain tanks of Class I liq- 
uids shall be provided with continuous ventilation at a 
rate of not less than 1 cfm/ft 2 of floor area [0.00508 m 3 /(s 
• m 2 )], but not less than 150 cfm (4 mVmin). Failure of the 
exhaust airflow shall automatically shut down the dis- 
pensing system. The exhaust system shall be designed to 
provide air movement across all parts of the vault floor. 
Supply and exhaust ducts shall extend to a point not 
greater than 12 inches (305 mm) and not less than 3 
inches (76 mm) above the floor. The exhaust system shall 
be installed in accordance with the provisions of NFPA 
91. Means shall be provided to automatically detect any 
flammable vapors and to automatically shut down the 
dispensing system upon detection of such flammable 
vapors in the exhaust duct at a concentration of 25 per- 
cent of the LFL. 



32 



2008 NEW YORK CITY MECHANICAL CODE 



EXHAUST SYSTEMS 



502.9.5.2 Storage rooms and warehouses. Liquid stor- 
age rooms and liquid storage warehouses for quantities 
of liquids exceeding those specified in the New York City 
Fire Code shall be ventilated in accordance with Section 
502.8.1. 

502.9.5.3 Cleaning machines. Areas containing 
machines used for parts cleaning in accordance with the 
New York City Fire Code shall be adequately ventilated to 
prevent accumulation of vapors. 

502.9.5.4 Use, dispensing and mixing. Continuous 
mechanical ventilation shall be provided for the use, dis- 
pensing and mixing of flammable and combustible liq- 
uids in open or closed systems in amounts exceeding the 
maximum allowable quantity per control area and for 
bulk transfer and process transfer operations. The venti- 
lation rate shall be not less than 1 cfm/ft 2 [0.00508m V(s • 
m 2 )] of floor area over the design area. Provisions shall 
be made for the introduction of makeup air in a manner 
that will include all floor areas or pits where vapors can 
collect. Local or spot ventilation shall be provided where 
needed to prevent the accumulation of hazardous vapors. 

502.9.5.5 Bulk plants or terminals. Ventilation shall be 
provided for portions of properties where flammable and 
combustible liquids are received by tank vessels, 
pipelines, tank cars or tank vehicles and which are stored 
or blended in bulk for the purpose of distributing such 
liquids by tank vessels, pipelines, tank cars, tank vehicles 
or containers as required by Sections 502.9.5.5.1 
through 502.9.5.5.3. 

502.9.5.5.1 General. Ventilation shall be provided 
for rooms, buildings and enclosures in which Class I 
liquids are pumped, used or transferred. Design of 
ventilation systems shall consider the relatively high 
specific gravity of the vapors. Where natural ventila- 
tion is used, adequate openings in outside walls at 
floor level, unobstructed except by louvers or coarse 
screens, shall be provided. Where natural ventilation 
is inadequate, mechanical ventilation shall be pro- 
vided. The natural ventilation design shall be 
approved for each specific application by the com- 
missioner prior to installation and/or use. 

502.9.5.5.2 Basements and pits. Class I liquids shall 
not be stored or used within a building having a base- 
ment or pit into which flammable vapors can travel, 
unless such area is provided with ventilation designed 
to prevent the accumulation of flammable vapors 
therein. 

502.9.5.5.3 Dispensing of Class I liquids. Contain- 
ers of Class I liquids shall not be drawn from or filled 
within buildings unless a provision is made to prevent 
the accumulation of flammable vapors in hazardous 
concentrations. Where mechanical ventilation is 
required, it shall be kept in operation while flammable 
vapors could be present. 

502.9.6 Highly toxic and toxic liquids. Ventilation exhaust 
shall be provided for highly toxic and toxic liquids as 
required by Sections 502.9.6.1 and 502.9.6.2. 



502.9.6.1 Treatment system. This provision shall apply 
to indoor and outdoor storage and use of highly toxic and 
toxic liquids in amounts exceeding the maximum allow- 
able quantities per control area. Exhaust scrubbers or 
other systems for processing vapors of highly toxic liq- 
uids shall be provided where a spill or accidental release 
of such liquids can be expected to release highly toxic 
vapors at normal temperature and pressure. 

502.9.6.2 Open and closed systems. Mechanical 
exhaust ventilation shall be provided for highly toxic and 
toxic liquids used in open systems in accordance with 
Section 502.8.4. Mechanical exhaust ventilation shall be 
provided for highly toxic and toxic liquids used in closed 
systems in accordance with Section 502.8.5. 

Exception: Liquids or solids that do not generate 
highly toxic or toxic fumes, mists or vapors. 

502.9.7 Highly toxic and toxic compressed gases — any 
quantity. Ventilation exhaust shall be provided for highly 
toxic and toxic compressed gases in any quantity as required 
by Sections 502.9.7.1 and 502.9.7.2. 

502.9.7.1 Gas cabinets. Gas cabinets containing highly 
toxic or toxic compressed gases in any quantity shall 
comply with Section 502.8.2 and the following require- 
ments: 

1. The average ventilation velocity at the face of gas 
cabinet access ports or windows shall be not less 
than 200 feet per minute (1.02 m/s) with a mini- 
mum velocity of 150 feet per minute (0.76 m/s) at 
any point at the access port or window. 

2. Gas cabinets shall be connected to an exhaust sys- 
tem. 

3. Gas cabinets shall not be used as the sole means of 
exhaust for any room or area. 

502.9.7.2 Exhausted enclosures. Exhausted enclosures 
containing highly toxic or toxic compressed gases in any 
quantity shall comply with Section 502.8.2 and the fol- 
lowing requirements: 

1 . The average ventilation velocity at the face of the 
enclosure shall be not less than 200 feet per minute 
( 1 .02 m/s) with a minimum velocity of 1 50 feet per 
minute (0.76 m/s). 

2. Exhausted enclosures shall be connected to an 
exhaust system. 

3. Exhausted enclosures shall not be used as the sole 
means of exhaust for any room or area. 

502.9.8 Highly toxic and toxic compressed gases— quan- 
tities exceeding the maximum allowable per control 
area. Ventilation exhaust shall be provided for highly toxic 
and toxic compressed gases in amounts exceeding the maxi- 
mum allowable quantities per control area as required by 
Sections 502.9.8.1 through 502.9.8.6. 

502.9.8.1 Ventilated areas. The room or area in which 
indoor gas cabinets or exhausted enclosures are located 
shall be provided with exhaust ventilation. Gas cabinets 



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or exhausted enclosures shall not be used as the sole 
means of exhaust for any room or area. 

502.9.8.2 Local exhaust for portable tanks. A means 
of local exhaust shall be provided to capture leakage 
from indoor and outdoor portable tanks. The local 
exhaust shall consist of portable ducts or collection sys- 
tems designed to be applied to the site of a leak in a valve 
or fitting on the tank. The local exhaust system shall be 
located in a gas room, Exhaust shall be directed to a treat- 
ment system where required by the New York City Fire 
Code. 

502.9.8.3 Piping and controls — stationary tanks. Fill- 
ing or dispensing connections on indoor stationary tanks 
shall be provided with a means of local exhaust. Such 
exhaust shall be designed to capture fumes and vapors. 
The exhaust shall be directed to a treatment system 
where required by the New York City Fire Code. 

502.9.8.4 Gas rooms. The ventilation system for gas 
rooms shall be designed to operate at a negative pressure 
in relation to the surrounding area. The exhaust ventila- 
tion from gas rooms shall be directed to an exhaust sys- 
tem. 

502.9.8.5 Treatment system. The exhaust ventilation 
from gas cabinets, exhausted enclosures and gas rooms, 
and local exhaust systems required in Sections 502.9.8.2 
and 502.9.8.3 shall be directed to a treatment system 
where required by the New York City Fire Code. 

502.9.8.6 Process equipment. Effluent from indoor and 
outdoor process equipment containing highly toxic or 
toxic compressed gases which could be discharged to the 
atmosphere shall be processed through an exhaust scrub- 
ber or other processing system. Such systems shall be in 
accordance with the New York City Fire Code. 

502.9.9 Ozone gas generators. Ozone cabinets and ozone 
gas-generator rooms for systems having a maximum 
ozone-generating capacity of one-half pound (0.23 kg) or 
more over a 24-hour period shall be mechanically ventilated 
at a rate of not less than six air changes per hour. For cabi- 
nets, the average velocity of ventilation at makeup air open- 
ings with cabinet doors closed shall be not less than 200 feet 
per minute (1.02 m/s). 

502.9.10 LP-gas distribution facilities. LP-gas distribu- 
tion facilities shall conform to the requirements of the New 
York City Fire Code. 

502.9.11 Silane gas. Exhausted enclosures and gas cabinets 
for the indoor storage of silane gas in amounts exceeding the 
maximum allowable quantities per control area shall com- 
ply with this section. 

1. Exhausted enclosures and gas cabinets shall be in 
accordance with Section 502,8.2. 

2. The velocity of ventilation across unwelded fittings 
and connections on the piping system shall not be less 
than 200 feet per minute (1 .02 m/s). 

3. The average velocity at the face of the access ports or 
windows in the gas cabinet shall not be less than 200 
feet per minute ( 1 .02 m/s) with a minimum velocity of 



150 feet per minute (0.76 m/s) at any point at the 
access port or window. $ 

502.10 Hazardous production materials (HPM). Exhaust 
ventilation systems and materials for ducts utilized for the 
exhaust of HPM shall comply with this section, other applica- 
ble provisions of this code, the New York City Building Code I 
and the New York City Fire Code. I 

502.10.1 Where required. Exhaust ventilation systems 
shall be provided in the following locations in accordance 
with the requirements of this section and the New York City I 
Building Code: 

1. Fabrication areas: Exhaust ventilation for fabrica- 
tion areas shall comply with the New York City I 
Building Code. Additional manual control 
switches shall be provided where required by the 
commissioner. I 

2. Workstations: A ventilation system shall be pro- 
vided to capture and exhaust fumes and vapors at 
workstations. 

3. Liquid storage rooms: Exhaust ventilation for liq- 
uid storage rooms shall comply with Section 
502.8.1.1 and the New York City Building Code. I 

4. HPM rooms: Exhaust ventilation for HPM rooms 
shall comply with Section 502.8.1.1 and the New I 
York City Building Code. ■ 

5. Gas cabinets: Exhaust ventilation for gas cabinets 
shall comply with Section 502.8.2. The gas cabinet I 
ventilation system is allowed to connect to a work- 
station ventilation system. Exhaust ventilation for 
gas cabinets containing highly toxic or toxic gases 
shall also comply with Sections 502.9.7 and 
502.9.8. 

6. Exhausted enclosures: Exhaust ventilation for 
exhausted enclosures shall comply with Section 
502.8.2. Exhaust ventilation for exhausted enclo- 
sures containing highly toxic or toxic gases shall 
also comply with Sections 502.9.7 and 502.9.8. 

7. Gas rooms: Exhaust ventilation for gas rooms 
shall comply with Section 502.8.2. Exhaust venti- 
lation for gas cabinets containing highly toxic or 
toxic gases shall also comply with Sections 
502.9.7 and 502.9.8. 

502.10.2 Penetrations. Exhaust ducts penetrating fire bar- 
rier assemblies shall be contained in a shaft of equivalent 
fire-resistive construction. Exhaust ducts shall not penetrate 
building separation fire walls. Fire dampers shall not be I 
installed in exhaust ducts. 

502.10.3 Treatment systems. Treatment systems for 
highly toxic and toxic gases shall comply with the New York I 
City Fire Code. I 

502.11 Motion picture projectors. Motion picture projectors 
shall be exhausted in accordance with Section 502.11.1 or 
502.11.2. 

502.11.1 Projectors with an exhaust discharge. Projec- 
tors equipped with an exhaust discharge shall be directly 



34 



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connected to a mechanical exhaust system. The exhaust sys- 
tem shall operate at an exhaust rate as indicated by the man- 
ufacturer's installation instructions. 

502.11.2 Projectors without exhaust connection. Projec- 
tors without an exhaust connection shall have contaminants 
exhausted through a mechanical exhaust system. The 
exhaust rate for electric arc projectors shall be a minimum of 
200 cubic feet per minute (cfm) (0.09 m 3 /s) per lamp. The 
exhaust rate for xenon projectors shall be a minimum of 300 
cfm (0. 14 mVs) per lamp. Xenon projector exhaust shall be 
at a rate such that the exterior temperature of the lamp hous- 
ing does not exceed 1 30°F (54°C). The lamp and projection 
room exhaust systems, whether combined or independent, 
shall not be interconnected with any other exhaust or return 
system within the building. 

502.12 Organic coating processes. Enclosed structures 
involving organic coating processes in which Class 1 liquids are 
processed or handled shall be ventilated at a rate of not less than 
1 cfm/ft 2 [0.00508 mV(s • m 2 )] of solid floor area. Ventilation 
shall be accomplished by exhaust fans that intake at floor levels 
and discharge to a safe location outside the structure. 
Noncontaminated intake air shall be introduced in such a man- 
ner that all portions of solid floor areas are provided with con- 
tinuous uniformly distributed air movement. 

502.13 Public garages. Mechanical exhaust systems for pub- 
lic garages, as required in Chapter 4, shall operate continuously 
or in accordance with Section 404. 

502.14 Motor vehicle operation. In areas where motor vehi- 
cles operate, mechanical ventilation shall be provided in accor- 
dance with Section 403. Additionally, areas in which stationary 
motor vehicles are operated shall be provided with a source 
capture system that connects directly to the motor vehicle 
exhaust systems. 

Exceptions: 

1. This section shall not apply where the motor vehicles 
being operated or repaired are electrically powered. 

2. This section shall not apply to one- and two-family 
dwellings. 

3. This section shall not apply to motor vehicle service 
areas where engines are operated inside the building 
only for the duration necessary to move the motor 
vehicles in and out of the building. 

502.15 Repair garages. Where Class I liquids are stored or 
used within a building having a basement or pit wherein flam- 
mable vapors could accumulate, the basement or pit shall be 
provided with ventilation at a minimum rate of 1.5 cubic feet 
per minute per square foot (cfm/ft 2 ) [0.008 m 3 /(s • m 2 )] to pre- 
vent the accumulation of flammable vapors therein. 

502.16 Repair garages for natural gas- and hydro- 
gen-fueled vehicles. Repair garages used for the repair of natu- 
ral gas- or hydrogen-fueled vehicles shall be provided with an 
approved mechanical ventilation system. The mechanical ven- 



tilation system shall be in accordance with Sections 502.16.1 
and 502.16.2. 

Exception: Where approved by the commissioner, natural 
ventilation shall be permitted in lieu of mechanical ventila- 
tion. 

502.16.1 Design. Indoor locations shall be ventilated utiliz- 
ing air supply inlets and exhaust outlets arranged to provide 
uniform air movement to the extent practical. Inlets shall be 
uniformly arranged on exterior walls near floor level. Out- 
lets shall be located at the high point of the room in exterior 
walls or the roof. 

1. Ventilation shall be by a continuous mechanical ven- 
tilation system or by a mechanical ventilation system 
activated by a continuously monitoring natural gas 
detection system activating at a gas concentration of 
not more than 25 percent of the LFL. In all cases, the 
system shall shut down the fueling system in the event 
of failure of the ventilation system. 

2. The ventilation rate shall be at least 1 cubic foot per 
minute per 12 cubic feet [0.00138 m 3 /(s • m 3 )] of room 
volume. 

502.16.2 Operation. The mechanical ventilation system 
shall operate continuously. 

Exceptions: 

1. Mechanical ventilation systems that are inter- 
locked with a gas detection system designed in 
accordance with the New York City Building Code. I 

2. Mechanical ventilation systems in garages that are 
used only for the repair of vehicles fueled by liquid 
fuels or odorized gases, such as CNG, where the 
ventilation system is electrically interlocked with 
the lighting circuit. 

502.17 Tire rebuilding or recapping. Each room where rub- 
ber cement is used or mixed, or where flammable or combusti- 
ble solvents are applied, shall be ventilated in accordance with 
the applicable provisions of NFPA 91. 

502.17.1 Buffing machines. Each buffing machine shall be 
connected to a dust-collecting system that prevents the 
accumulation of the dust produced by the buffing process. 

502.18 Specific rooms. Specific rooms, including bathrooms, 
locker rooms, smoking lounges and toilet rooms, shall be 
exhausted in accordance with the ventilation requirements of 
Chapter 4. 

502.19 Domestic kitchen exhaust systems. In all Croup R 
occupancies a minimum of No. 1 8 Gage galvanized sheet metal 
shall be used, except that ductwork that complies with Section 
603.6.1.2 shall be permitted for independent apartment 
exhaust systems providing general exhaust ventilation of 
kitchen and toilet areas. 

502.20 Nonproduction chemical laboratories. 

Nonproduction chemical laboratories shall comply with Sec- 
tion 419 of the New York City Building Code and NFPA 45. 



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SECTION MC 503 
MOTORS AND FANS 

503.1 General. Motors and fans shall be sized to provide the 
required air movement. Motors in areas that contain flammable 
vapors or dusts shall be of a type approved for such environ- 
ments. A manually operated remote control installed at an 
approved location shall be provided to shut off fans or blowers 
in flammable vapor or dust systems. Electrical equipment and 
appliances used in operations that generate explosive or flam- 
mable vapors, fumes or dusts shall be interlocked with the ven- 
tilation system so that the equipment and appliances cannot be 
operated unless the ventilation fans are in operation. Motors for 
fans used to convey flammable vapors or dusts shall be located 
outside the duct or shall be protected with approved shields and 
dustproofing. Motors and fans shall be provided with a means 
of access for servicing and maintenance. 

503.2 Fans. Parts of fans in contact with explosive or flamma- 
ble vapors, fumes or dusts shall be of nonferrous or 
nonspar.ki.ng materials, or their casing shall be lined or con- 
structed of such material. When the size and hardness of mate- 
rials passing through a fan are capable of producing a spark, 
both the fan and the casing shall be of nonsparking materials. 
When fans are required to be spark resistant, their bearings 
shall not be within the airstream, and all parts of the fan shall be 
grounded. Fans in systems-handling materials that are capable 
of clogging the blades, and fans in buffing or woodworking 
exhaust systems, shall be of the radial-blade or tube-axial type. 

503.3 Equipment and appliances identification plate. 

Equipment and appliances used to exhaust explosive or flam- 
mable vapors, fumes or dusts shall bear an identification plate 
stating the ventilation rate for which the system was designed. 

503.4 Corrosion-resistant fans. Fans located in systems con- 
veying corrosives shall be of materials that are resistant to the 
corrosive or shall be coated with corrosion-resistant materials. 

503.5 Fan location. Fans exhausting noxious, toxic, hot vapor 
or grease-laden air shall be located as close to the terminus as 
practicable, at the roof or within a mechanical equipment room, 
immediately below the roof. 

Exception: Where the fan is listed or approved for such an 
application. 



1 SECTION MC 504 

CLOTHES DRYER EXHAUST 

504.1 Installation. Clothes dryers shall be exhausted in accor- 
dance with the manufacturer's instructions. Dryer exhaust sys- 
tems shall be independent of all other systems and shall convey 
the moisture and any products of combustion to the outside of 
the building. 

Exception: This section shall not apply to listed and labeled 
I condensing (ductless) electric clothes dryers. 

504.2 Exhaust penetrations. Ducts that exhaust clothes dry- 
ers shall not penetrate or be located within any fireblocking, 
draftstopping or any wall, floor/ceiling or other assembly 

I required by the New York City Building Code to be fire-resis- 
tance rated, unless such duct is constructed of galvanized steel 



or aluminum of the thickness specified in Section 603.4 and the 
fire-resistance rating is maintained in accordance with the New I 
York City Building Code. Fire dampers, combination I 
fire/smoke dampers and any similar devices that will obstruct 
the exhaust flow, shall be prohibited in clothes dryer exhaust 
ducts. 

504.3 Cleanout. Each vertical riser shall be provided with a 
means for cleanout. 

504.4 Exhaust installation. Dryer exhaust ducts for clothes 
dryers shall terminate on the outside of the building and shall 
be equipped with a backdraft damper. Screens shall not be 
installed at the duct termination. Ducts shall not be connected 
or installed with sheet metal screws or other fasteners that will 
obstruct the exhaust flow. Clothes dryer exhaust ducts shall not 
be connected to a vent connector, vent or chimney. Clothes 
dryer exhaust ducts shall not extend into or through ducts or 
plenums. 

504.5 Makeup air. Installations exhausting more than 200 cfm 
(0.09 mVs) shall be provided with makeup air. Where a closet is 
designed for the installation of a clothes dryer, an opening hav- 
ing an area of not less than 1 00 square inches (0.0645 m 2 ) shall 
be provided in the closet enclosure. 

504.6 Domestic clothes dryer ducts. Exhaust ducts for 
domestic clothes dryers shall be constructed of metal and shall 
have a smooth interior finish. The exhaust duct shall be a mini- 
mum nominal size of 4 inches (102 mm) in diameter. The entire 
exhaust system shall be supported and secured in place. The 
male end of the duct at overlapped duct joints shall extend in 
the direction of airflow. Clothes dryer transition ducts used to 
connect the appliance to the exhaust duct system shall be lim- 
ited to single lengths not to exceed 8 feet (2438 mm) and shall 
be listed and labeled for the application. Transition ducts shall 
not be concealed within construction. 

504.6.1 Maximum length. The maximum length of a 
clothes dryer exhaust duct shall not exceed 25 feet (7620 I 
mm) from the dryer location to the outlet terminal. The max- 
imum length of duct shall be reduced 27 2 feet (762 mm) for I 
each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for 
each 90-degree (1 .6 rad) bend. The maximum length of the 
exhaust duct does not include the transition duct. 

Exception: Where the make and model of the clothes 
dryer to be installed is known and the manufacturer's 
installation instructions for such dryer are provided, the 4" 
maximum length of the exhaust duct, including any tran- 
sition duct, shall be permitted to be in accordance with 
the dryer manufacturer's installation instructions. 

504.6.2 Rough-in required. Where a compartment or 
space for a domestic clothes dryer is provided, an exhaust 
duct system shall be installed in accordance with Sections 
504.6 and 504.6.1. 

504.7 Commercial clothes dryers. The installation of dryer 
exhaust ducts serving Type 2 clothes dryers shall comply with 
the appliance manufacturer's installation instructions. Exhaust 
fan motors installed in exhaust systems shall be located outside 
of the airstream. In multiple installations, the fan shall operate 
continuously or be interlocked to operate when any individual 



36 



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unit is operating. Ducts shall have a minimum clearance of 6 
inches (152 mm) to combustible materials. Clothes dryer tran- 
sition ducts used to connect the appliance to the exhaust duct 
system shall be limited to single lengths not to exceed 8 feet 
(2438 mm) in length and shall be listed and labeled for the 
application. Transition ducts shall not be concealed within con- 
struction. 



SECTION MC 505 
DOMESTIC KITCHEN EQUIPMENT EXHAUST 

505.1 Domestic systems. Where domestic range hoods and 
domestic appliances equipped with downdraft exhaust are 
located within dwelling units, such hoods and appliances shall 
discharge to the outdoors through ducts constructed of galva- 
nized steel, stainless steel, aluminum or copper. Such ducts 
shall have smooth inner walls and shall be air tight and 
equipped with a backdraft damper. Such exhaust system shall 
be installed in strict compliance with the manufacturer's rec- 
ommendations as well as the requirements of the listing. 

Exceptions: 

1. Where installed in accordance with the manufac- 
turer's installation instructions and where mechanical 
or natural ventilation is otherwise provided in accor- 
dance with Chapter 4, listed and labeled ductless 
range hoods shall not be required to discharge to the 
outdoors. 

2. Ducts for domestic kitchen cooking appliances 
equipped with downdraft exhaust systems shall be 
permitted to be constructed of Schedule 40 PVC pipe 
provided that the installation complies with all of the 
following: 

2.1. The duct shall be installed under a concrete 
slab poured on grade. 

2.2. The underfloor trench in which the duct is in- 
stalled shall be completely backfilled with 
sand or gravel. 

2.3. The PVC duct shall extend not greater than 1 
inch (25 mm) above the indoor concrete floor 
surface. 

2.4. The PVC duct shall extend not greater than 1 
inch (25 mm) above grade outside of the 
building. 

2.5. The PVC ducts shall be solvent cemented. 



SECTION MC 506 
COMMERCIAL KITCHEN HOOD VENTILATION 
SYSTEM DUCTS AND EXHAUST EQUIPMENT 

506.1 General. Commercial kitchen hood ventilation ducts 
and exhaust equipment shall comply with the requirements of 
this section. Commercial kitchen grease ducts shall be 
designed for the type of cooking appliance and hood served. 
All ducts shall lead directly to the exterior of the building and 
terminate as required by Sectiont 506.3.12. 



506.2 Corrosion protection. Ducts exposed to the outside 
atmosphere or subject to a corrosive environment shall be pro- 
tected against corrosion in an approved manner. 

1. The exterior portion of the ductwork shall be vertical 
wherever possible and shall be installed and adequately 
supported on the exterior of a building. Bolts, screws, 
rivets, and other mechanical fasteners shall not penetrate 
duct walls. Clearance of any vertical or horizontal ducts 
to any other material or construction shall comply with 
Section 506.3.6 and to any additional clearance require- 
ments as may be applicable in accordance with Section 
506.5.4. 

2. All exterior ducts shall be constructed of stainless steel 
not less than 0.043-inch (1.09 mm) (No. 18 Gage) in 
thickness. At the base of each duct and at its termination 
point a clearly identifiable permanent sign shall be 
installed identifying the facility from which the duct 
$ originates. 

3. No portion of an exterior metal duct shall be nearer than 
24 inches (6 1 mm) to any door or window or to any exit, 
or located where it would be readily accessible to the 
public, unless it is insulated or shielded to avoid injury to 
any person coming in contact with the duct. 

Exception: Listed and labeled factory-built commer- 
cial kitchen grease ducts may be used when installed 
in accordance with Section 304.1. 

506.3 Ducts serving Type I hoods. Type I exhaust ducts shall 
be independent of all other exhaust systems except as provided 
in Section 506.3.5. Commercial kitchen duct systems serving 
Type I hoods shall be designed, constructed and installed in 
accordance with Sections 506.3.1 through 506.3.12.3. 

506.3.1 Duct materials. Ducts serving Type 1 hoods shall 
be constructed of materials in accordance with Sections 
506.3.1.1 and 506.3. 1.2. 

506.3.1.1 Grease duct materials. Grease ducts serving 
Type I hoods, and located within buildings, shall be con- 
structed as follows: 

1 . Ducts with a cross-sectional area up to and includ- 
ing 1 55 square inches (100 000 mm 2 ) shall be con- 
structed of 0.0598-inch (1.52 mm) No. 16 Gage 
steel; 

2. Ducts with a cross-sectional area over 155 square 
inches (100 000 mm 2 ), but not more than 200 
square inches (0.129 m 2 ) shall be constructed of 
0.074-inch (1.9 mm) No. 14 Gage steel; and 

3. Ducts with a cross-sectional area equal to or more 
than 200 square inches (0.129 m 2 ) shall be con- 
structed of 0.1046-inch (2.66 mm) No. 12 Gage 
steel. 

If stainless steel is used for ducts of any of the 
cross-sectional areas shown above, the Gage steel may 
be increased upwards (resulting in a smaller thickness) 
by 1 Gage. 

Exception: Listed and labeled factory-built commer- 
cial kitchen grease ducts shall be installed in accor- 



2008 NEW YORK CITY MECHANICAL CODE 



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dance with Section 304.1 and as approved by the 
commissioner. 

506.3.1.2 Makeup air ducts. Make up air ducts connect- 
ing to or within 18 inches (457 mm) of a Type I hood 
shall be constructed and installed in accordance with 
Sections 603.1, 603.3, 603.4, 603.9, 603.10, and 603.12. 
Duct insulation installed within 18 inches (457 mm) of a 
Type I hood shall be noncombustible or shall be listed for 
the application. 

506.3.2 Joints, seams and penetrations of grease ducts. 

Joints, seams and penetrations of grease ducts shall be made 
with a continuous liquid-tight weld or braze made on the 
external surface of the duct system. 

Exceptions: 

1. Penetrations shall not be required to be welded or 
brazed where sealed by devices that are listed for 
the application. 

2. Interna] welding or brazing shall not be prohibited 
provided that the joint is formed or ground smooth 
and is provided with ready access for inspection. 

3. Listed and labeled factory-built commercial 
kitchen grease ducts installed in accordance with 
Section 304.1. 

506.3.2.1 Duct joint types. Duct joints shall be butt 
joints or overlapping duct joints of either the telescoping 
or bell type. Overlapping joints shall be installed to pre- 
vent ledges and obstructions from collecting grease or 
interfering with gravity drainage to the intended collec- 
tion point. The difference between the inside cross-sec- 
tional dimensions of overlapping sections of duct shall 
not exceed 0.25 inch (6 mm). The length of overlap for 
overlapping duct joints shall not exceed 2 inches (51 
mm). 

506.3.2.2 Duct-to-hood joints. Duct-to-hood joints 
shall be made with continuous internal or external liq- 
uid-tight welded or brazed joints. Such joints shall be 
smooth, accessible for inspection, and without grease 
traps. 

Exceptions: This section shall not apply to: 

1 . A vertical duct-to-hood collar connection made 
in the top plane of the hood in accordance with 
all of the following: 

1.1. The hood duct opening shall have a 
1 -inch-deep (25 mm), full perimeter, 
welded flange turned down into the 
hood interior at an angle of 90 degrees 
from the plane of the opening. 

1.2. The duct shall have a 1 -inch-deep (25 
mm) flange made by a 1-inch by 1-inch 
(25 mm by 25 mm) angle iron welded to 
the full perimeter of the duct not less 
than 1 inch (25 mm) above the bottom 
end of the duct. 



1.3. A gasket rated for use at not less than 
1,500°F (815°C) is installed between 
the duct flange and the top of the hood. 

1.4. The duct-to-hood joint shall be secured 
by stud bolts not less than 0.25 inch (6.4 
mm) in diameter welded to the hood 
with a spacing not greater than 4 inches 
(1 02 mm) on center for the full perime- 
ter of the opening. All bolts and nuts are 
to be secured with lock washers. 

2. Listed and labeled duct-to-hood collar connec- 
tions installed in accordance with Section 
304.1. 

506.3.2.3 Duct-to-exhaust fan connections. 

Duct-to-exhaust fan connections shall be flanged and 
gasketed at the base of the fan for vertical discharge fans; 
shall be flanged, gasketed and bolted to the inlet of the 
fan for side-inlet utility fans; and shall be flanged, 
gasketed and bolted to the inlet and outlet of the fan for 
in-line fans. Approved flexible connectors may be pro- 
vided. 

506.3.2.4 Vibration isolation. A vibration isolation 
connector for connecting a duct to a fan shall consist of 
noncombustible packing in a metal sleeve joint of 
approved design or shall be a coated-fabric flexible duct 
connector listed and labeled for the application. Vibra- 
tion isolation connectors shall be installed only at the 
connection of a duct to a fan inlet or outlet. 

506.3.3 Grease duct supports. Grease duct bracing and 
supports shall be of noncombustible material securely 
attached to the structure and designed to carry gravity and 
seismic loads within the stress limitations of the New York 
City Building Code, Bolts, screws, rivets and other mechani- 
cal fasteners shall not penetrate duct walls. 

506.3.4 Air velocity. Grease duct systems serving a Type I 
hood shall be designed and installed to provide an air veloc- 
ity within the duct system of not less than 500 feet per min- 
ute (2.54 mis). 

Exception: The velocity limitations shall not apply 
within duct transitions utilized to connect ducts to differ- 
ently sized or shaped openings in hoods and fans, pro- 
vided that such transitions do not exceed 3 feet (914 mm) 
in length and are designed to prevent the trapping of 
grease. 

506.3.5 Separation of grease duct system. A separate 
grease duct system shall be provided for each Type I hood. 

Exceptions: I 

1. A separate grease duct system is not required I 
where all of the following conditions are met: 

1.1. All interconnected hoods are located 
within the same story, provided that they 
are part of the same facility and under the 
control of one owner or tenant. 



38 



2008 NEW YORK CITY MECHANICAL CODE 



EXHAUST SYSTEMS 



1.2. All interconnected hoods are located 
within the same room or in adjoining 
rooms, provided that they are part of the 
same facility and under the control of one 
owner or tenant. 

1.3. Interconnecting ducts do not penetrate 
assemblies required to be fire-resistance 
rated. 

1.4. The grease duct system does not serve 
solid fuel-fired appliances. 

2. Branch ducts from other equipment in the same 
kitchen area, for which hoods and filters are not 
required or from registers exhausting the kitchen 
space in general, may be connected to the main 
hood exhaust duct if the following requirements 
are complied with: 

2.1. A fusible link fire damper of the same gage 
as the hood exhaust duct shall be added at 
the point of connection of the branch duct 
to the exhaust duct. 

2.2. If the branch connection is made to the por- 
tion of the ductwork that will contain the 
fire-extinguishing medium, then the fire 
dampers required in Exception}: 2.1 shall 
be arranged to close automatically upon 
the operation of the fire-extinguishing sys- 
tem. 

2.3. The branch connection shall be made in 
either the top or sides of the main duct in a 
manner to prevent grease from flowing 
into the branch duct. 

2.4. The branch ducts shall be constructed of 
steel, aluminum, or copper of the gages 
and weights required in Chapter 6, and 
they shall be insulated with 2 inches (51 
mm) of magnesia or other material having 
equivalent insulative and fire resistance 
qualities. 

2.5. All registers in these branches shall have 
fusible link actuated dampers. 

2.6. Where branch ductwork is to be used to 
exhaust vapors from dishwashers, pot 
sinks, or other similar equipment of a com- 
mercial type from which moisture is emit- 
ted, copper or aluminum of the minimum 
gage and weights required in Chapter 6 
shall be used. Such ductwork shall be 
installed so that condensate cannot leak 
from it. 

506.3.6 Grease duct clearances. Grease duct systems and 
exhaust equipment serving a Type I hood shall have a clear- 
ance to combustible construction of not less than 18 inches 
(457 mm), and shall have a clearance to noncombustible 



construction and gypsum wall board attached to noncom- 
bustible structures of not less than 3 inches (76 mm). 

Exceptions: 

1. Listed and labeled factory-built commercial 
kitchen grease ducts and exhaust equipment 
installed in accordance with Section 304.1 and the 
manufacturer's instructions, and as approved by 
the commissioner. 

2. Protected with a minimum insulation covering of 2 
inches (5.1 mm) of magnesium or calcium silicate 
block, with staggered joints, attached with galva- 
nized steel wire or material assembly equivalent in 
insulating and fire-resistant qualities which cannot 
be penetrated by grease, shall be applied to all 
ducts inside of the building as approved by the 
commissioner. 

506.3.7 Prevention of grease accumulation in grease 
ducts. Duct systems serving a Type I hood shall be con- 
structed and installed so that grease cannot collect in any 
portion thereof, and the system shall slope not less than 
one-fourth unit vertical in 12 units horizontal (2-percent 
slope) toward the hood or toward an approved grease reser- 
voir. Where horizontal ducts exceed 75 feet (22 860 mm) in 
length, the slope shall not be less than one unit vertical in 12 
units horizontal (8.3-percent slope). Dampers shall not be 
installed in the grease duct systems, except as required by 
Section 506.3.5, Exception^ 2. 

506.3.7.1 Residue trap. A residue trap shall be provided 
at the base of each vertical riser with provision for 
cleanout in accordance with NFPA 96. 

506.3.8 Grease duct cleanouts and other openings. 

Grease duct systems shall not have openings therein other 
than those required for proper operation and maintenance of 
the system. Any portion of such system having sections not 
provided with access from the duct entry or discharge shall 
be provided with cleanout openings. Cleanout openings 
shall be provided at every change in direction, within 3 feet 
(914 mm) of the exhaust fan, and as required under Section 
506.3.9. Cleanout openings shall be equipped with tight-fit- 
ting doors constructed of steel having a thickness not less 
than that required for the duct. Doors shall be equipped with 
a substantial method of latching, sufficient to hold the door 
tightly closed. Doors shall be designed so that they are oper- 
able without the use of a tool. Door assemblies shall have a 
gasket or sealant that is noncombustible and liquid tight, and 
shall not have fasteners that penetrate the duct. Listed and 
labeled access door assemblies shall be installed in accor- 
dance with the terms of the listing. Signage shall be pro- 
vided at all required access doors and openings in 
accordance with Section 506.3. 1 I . 

506.3.8.1 Personnel entry. Where ductwork is large 
enough to allow entry of personnel, not less than one 
approved or listed opening having dimensions not less 
than 20 inches by 20 inches (508 mm by 508 mm) shall 



2008 NEW YORK CITY MECHANICAL CODE 



39 



EXHAUST SYSTEMS 



be provided in the horizontal sections, and in the top of 
vertical risers. Where such entry is provided, the duct and 
its supports shall be capable of supporting the additional 
load and the cleanouts specified in Section 506.3.8 are 
not required. Where personnel entry is not possible, 
access for cleaning interior vertical ducts shall be pro- 
vided on each floor, and for cleaning the base of the verti- 
cal riser. 

506.3.9 Grease duct horizontal cleanouts. Cleanouts 
located on horizontal sections of ducts shall be spaced not 
more than 20 feet (6096 mm) apart, unless the opening pre- 
scribed by Section 506.3.8.1 is not possible, in which case 
openings large enough to permit thorough cleaning shall be 
provided at 12-foot^: (3658 mm) intervals. The cleanouts 
shall be located on the side of the duct with the opening not 
less than 1.5 inches (38 mm) above the bottom of the duct, 
and not less than 1 inch (25 mm) below the top of the duct. 
The opening minimum dimensions shall be 12 inches (305 
mm) on each side. Where the dimensions of the side of the 
duct prohibit the cleanout installation prescribed herein, the 
openings shall be on the top of the duct or the bottom of the 
duct. Where located on the top of the duct, the opening 
edges shall be a minimum of 1 inch (25 mm) from the edges 
of the duct. Where located in the bottom of the duct, 
cleanout openings shall be designed to provide internal 
damming around the opening, shall be provided with 
gasketing to preclude grease leakage, shall provide for 
drainage of grease down the duct around the dam, and shall 
be approved for the application. Where the dimensions of 
the sides, top or bottom of the duct preclude the installation 
of the prescribed minimum-size cleanout opening, the 
cleanout shall be located on the duct face that affords the 
largest opening dimension and shall be installed with the 
opening edges at the prescribed distances from the duct 
edges as previously set forth in this section. 

506.3.10 Grease duct enclosure. A grease duct serving a 
Type I hood that penetrates a ceiling, wall or floor shall be 
enclosed from the first point of penetration to the outlet ter- 
minal. A duct shall penetrate exterior walls only at locations 
where unprotected openings are permitted by the New York 
City Building Code. Ducts shall be enclosed in accordance 
with the New York City Building Code requirements for 
shaft construction. The duct enclosure shall be sealed 
around the duct at the point of penetration and vented to the 
outside of the building through the use of weather-protected 
openings. Clearance from the duct to the interior surface of 
enclosures of combustible construction shall be not less 
than 18 inches (457 mm). Clearance from the duct to the 
interior surface of enclosures of noncombustibie construc- 
tion or gypsum wallboard attached to noncombustibie struc- 
tures shall be not less than 6 inches (152 mm). The duct 
enclosure shall serve a single grease exhaust duct system 
and shall not contain any other ducts, piping, wiring or sys- 
tems. 

Exceptions: 

1. The shaft enclosure provisions of this section shall 
not be required where a duct penetration is pro- 
tected with a through-penetration firestop system 
classified in accordance with ASTM E 814 and 



having an .F. and .T. rating equal to the fire-resis- 
tance rating of the assembly being penetrated and 
where the surface of the duct is continuously cov- 
ered on all sides from the point at which the duct 
penetrates a ceiling, wall or floor to the outlet ter- 
minal with a classified and labeled material, sys- 
tem, method of construction or product 
specifically evaluated for such purpose, which 
material, system, method of construction or prod- 
uct is approved by the commissioner and installed 
according to the manufacturer's instructions. 
Exposed duct wrap systems shall be protected 
where subject to physical damage. 

2. As an alternative to Exception:): 1 of this section, a 
minimum insulation covering of 2 inches (51 mm) 
of magnesium or calcium silicate block, with stag- 
gered joints, attached with galvanized steel wire or 
material assembly equivalent in insulating and 
fire-resistant qualities which cannot be penetrated 
by grease, and as approved by the commissioner, 
shall be applied to all ducts inside of the building. 

3. A duct enclosure shall not be required for a grease 
duct that penetrates only a nonfire-resi stance-rated 
roof/ceiling assembly. 

4. A listed and labeled factory-built commercial 
kitchen grease duct system, evaluated as an enclo- 
sure system for reduced clearances to combusti- 
bles, and approved by the commissioner and 
installed according to manufacturer's instructions. 

506.3.11 Grease duct fire-resistive access opening. 

Where cleanout openings are located in ducts within a 
fire-resistance-rated enclosure, access openings shall be 
provided in the enclosure at each cleanout point. Access 
openings shall be equipped with tight-fitting sliding or 
hinged doors that are equal in fire-resistive protection to that 
of the shaft or enclosure. An approved sign shall be placed 
on access opening panels with wording as follows: 
"ACCESS PANEL. DO NOT OBSTRUCT." Cleanout 
openings provided in ducts that are not located within a 
fire-resistance-rated enclosure shall be provided with sign- 
age at the required opening that contains the same wording. 

506.3.12 Exhaust outlets serving Type I hoods. Exhaust 
outlets for grease ducts serving Type I hoods shall conform 
to the requirements of Sections 506.3.12.1 through 
506.3.12.3. 

506.3.12.1 Termination above the roof. Exhaust outlets 
that terminate above the roof shall have the discharge 
opening located not less than 40 inches (101 6 mm) above 
the roof surface. The exhaust flow shall be directed away I 
from the surface of the roof. I 

506.3.12.2 Termination through an exterior wall. 

Exhaust outlets shall be permitted to terminate through 
exterior walls where the smoke, grease, gases, vapors, 
and odors in the discharge from such terminations do not 
create a public nuisance or a fire hazard. Such termina- 
tions shall not be located where protected openings are 
required by the New York City Building Code. Other I 



40 



2008 NEW YORK CITY MECHANICAL CODE 



EXHAUST SYSTEMS 



exterior openings shall not be located within 3 feet (914 
mm) of such terminations. 

506.3.12.3 Termination location. Exhaust outlets shall 
be located not less than 10 feet (3048 mm) horizontally 
from parts of the same or contiguous buildings, adjacent 
property lines and air intake openings into any building 
and shall be located not less than 10 feet (3048 mm) 
above the adjoining grade level. 

Exception: Exhaust outlets shall terminate not less 
than 5 feet (1524 mm) from an adjacent building, 
adjacent property line and air intake openings into a 
building where air from the exhaust outlet discharges 
away from such locations. 

506.4 Ducts serving Type II hoods. Single or combined Type 
II exhaust systems for food-processing operations shall be 
independent of all other exhaust systems. Commercial kitchen 
exhaust systems serving Type II hoods shall comply with Sec- 
tions 506.4.1 and 506.4.2. 

506.4.1 Type II exhaust outlets. Exhaust outlets for ducts 
serving Type II hoods shall comply with Sections 401.5 and 
401.5.2. Such outlets shall be protected against local 
weather conditions and shall meet the provisions for exte- 
rior wall opening protectives in accordance with the New 
York City Building Code. 

506.4.2 Ducts. Ducts and plenums serving Type II hoods 
shall be constructed of rigid metallic materials. Duct con- 
struction, installation, bracing and supports shall comply 
with Chapter 6. Ducts subject to positive pressure and ducts 
conveying moisture-laden or waste-heat-laden air shall be 
constructed, joined and sealed in an approved manner. 

506.4.2.1 Cooking spaces. For all buildings other than 
those classified as residential occupancy, a minimum of 
No. 16 Gage for galvanized sheet duct shall be used for 
nongrease duct exhaust applications. 

506.5 Exhaust equipment. Exhaust equipment, including 
fans and grease reservoirs, shall comply with Section 506.5.1 
through 506.5.5 and shall be of an approved design or shall be 
listed for the application. 

506.5.1 Exhaust fans. Exhaust fan housings serving a Type 
I hood shall be constructed as required for grease ducts in 
accordance with Section 506.3.1.1. 

Exception: Fans listed and labeled in accordance with 

UL 762. 

506.5.1.1 Fan motor. Exhaust fan motors shall be 
located outside of the exhaust airstream. 

506.5.2 Exhaust fan discharge. Exhaust fans shall be posi- 
tioned so that the discharge will not impinge on the roof, 
other equipment or appliances or parts of the structure. A 
vertical discharge fan serving a Type 1 hood shall be manu- 
factured with an approved drain outlet at the lowest point of 
the housing to permit drainage of grease to an approved 
grease reservoir. 

506.5.3 Exhaust fan mounting. An upblast fan shall be 
hinged and supplied with a flexible weatherproof electrical 
cable to permit inspection and cleaning. The ductwork shall 



extend a minimum of 
surface. 



inches (457 mm) above the roof 



506.5.4 Clearances. Exhaust equipment serving a Type I 
hood shall have a clearance to combustible construction of 
not less than 18 inches (457 mm). 

Exception: Factory-built exhaust equipment installed in 
accordance with Section 304.1 and listed for a lesser 
clearance. 

506.5.5 Termination location. The outlet of exhaust equip- 
ment serving Type I hoods, shall be in accordance with Sec- 
tion 506.3.12.3. 

Exception: The minimum horizontal distance between 
vertical discharge fans and parapet-type building struc- 
tures shall be 2 feet (610 mm) provided that such struc- 
tures are not higher than the top of the fan discharge 
opening. 

506.5.6 Exhaust fan operation. The operation of the 
exhaust fan shall be in accordance with the following 
requirements: 

1. The hood exhaust fan(s) shall continue to operate 
after the exhausting system has been activated unless 
fan shutdown is required by a listed component of the 
ventilation system or by the design of the extinguish- 
ing system. 

2. The hood exhaust fan shall not be required to start 
automatically upon activation of the extinguishing 
system if the exhaust fan and all cooking equipment 
served by the fan. have previously been shut down. 

3. The cooking appliances shall be interlocked with the 
exhaust hood system to prevent appliance operation 
when the exhaust hood system is not operating. 

506.6 Exterior duct installations. The installation of exterior 
ducts shall comply with the following requirements: 

1. The exterior portion of the ductwork shall be vertical 
wherever possible and shall be installed and supported 
on the exterior of a building. 

2. Bolts, screws, rivets, and other mechanical fasteners 
shall not penetrate duct walls. 

3. Clearance of any ducts shall comply with Section 
506.3.6. 

4. All ducts shall be protected on the exterior by paint or 
other suitable weather-protective coating. 

5. Ducts constructed of stainless steel shall not be required 
to have additional paint or weather-protective coatings. 

6. Ductwork subject to corrosion shall have minimal con- 
tact with the building surface. 

506.7 Identification of ducts. All duct systems serving Type I 
and Type II exhaust equipment shall be permanently labeled: 
"CAUTION: KITCHEN EXHAUST SYSTEM." 

506.8 Type I and Type II hoods. All exhaust ducts serving 
Type I or II hoods shall have a minimum insulation covering of 
2 inches (51 mm) of magnesium or calcium silicate block, 
attached with galvanized steel wire or construction equivalent 
in insulating and fire-resistance qualities, and shall be applied 



2008 NEW YORK CITY MECHANICAL CODE 



41 



EXHAUST SYSTEMS 



to all ducts inside of the building. The insulation shall be 
applied up to the outer face of the discharge from the building 
and shall also be applied to the housing of the exhaust fan when 
it is located inside of the building. Care shall be taken to insure 
that the insulation extends through the walls and roofs to sepa- 
rate the ducts from the building construction. Masonry or con- 
crete ducts shall not require insulation. 



SECTION MC 507 
COMMERCIAL KITCHEN HOODS 

507.1 General. Commercial kitchen exhaust hoods shall com- 
ply with the requirements of this section. Hoods shall be Type I 
or Type II and shall be designed to capture and confine cooking 
vapors and residues. 

Exceptions: 

1. Factory-built commercial exhaust hoods which are 
tested in accordance with UL 710, listed, labeled and 
installed in accordance with Section 304.1 shall not 
be required to comply with Sections 507.4, 507.7, 
507.11, 507.12, 507.13, 507.14 and 507.15. 

2. Net exhaust volumes for hoods shall be permitted to 
be reduced during no-load cooking conditions, where 
engineered or listed multi speed or variable-speed 
controls automatically operate the exhaust system to 
maintain capture and removal of cooking effluents as 
required by this section. 

507.2 Where required. A Type I or Type II hood shall be 
installed at or above all commercial cooking appliances in 
accordance with Sections 507.2.1 and 507.2.2. Where any 
cooking appliance under a single hood requires a Type I hood, a 
Type I hood shall be installed. Where a Type II hood is 
required, a Type I or Type II hood shall be installed. 

507.2.1 Type I hoods. Type I hoods shall be installed where 
cooking appliances produce grease or smoke, such as 
occurs with griddles, fryers, broilers, ovens, ranges and wok 
ranges. 

507.2.2 Type II hoods. Type II hoods shall be installed 
where cooking or dishwashing appliances produce heat or 
steam and do not produce grease or smoke, such as steam- 
ers, kettles, pasta cookers and dishwashing machines. 

Exceptions: 

1. Under-counter-type commercial dishwashing 
machines. 

2. A Type II hood is not required for dishwashers and 
potwashers that are provided with heat and water 
vapor exhaust systems that are supplied by the 
appliance manufacturer and are installed in accor- 
dance with the manufacturer's instructions. 

507.2.3 Domestic cooking appliances used for commer- 
cial purposes. Domestic cooking appliances utilized for 
commercial purposes shall be provided with Type I or Type 
II hoods as required for the type of appliances and processes 
in accordance with Sections 507.2, 507.2.1 and 507.2.2. 



507.2.4 Solid fuel. Type 1 hoods for use over solid 
fuel-burning cooking appliances shall discharge to an 
exhaust system that is independent of other exhaust sys- 
tems. 

507.3 Fuel-burning appliances. Where vented fuel -burning 
appliances are located in the same room or space as the hood, 
provisions shall be made to prevent the hood system from inter- 
fering with normal operation of the appliance vents. 

507.4 Type I materials. Type I hoods shall be constructed of 
steel not less than 0.043 inch (1.09 mm) (No. 18 MSG) in thick- 
ness, or stainless steel not less than 0.037 inch (0.94 mm) (No. 
20 MSG) in thickness. 

507.5 Type II hood materials. Type II hoods shall be con- 
structed of steel not less than 0.030 inch (0.76 mm) (No. 22 
Gage) in thickness, stainless steel not less than 0.024 inch (0.61 
mm) (No. 24 Gage) in thickness, copper sheets weighing not 
less than 24 ounces per square foot (7.3 kg/m 2 ), or of other 
approved material and gage. 

507.6 Supports. Type I hoods shall be secured in place by 
noncombustihle supports. All Type I and Type II hood supports 
shall be adequate for the applied load of the hood, the unsup- 
ported ductwork, the effluent loading, and the possible weight 
of personnel working in or on the hood. 

507.7 Hood joints, seams and penetrations. Hood joints, 
seams and penetrations shall comply with Sections 507.7. 1 and 

507.7.2. 

507.7.1 Type I hoods. External hood joints, seams and pen- 
etrations for Type I hoods shall be made with a continuous 
external liquid-tight weld or braze to the lowest outermost 
perimeter of the hood. Internal hood joints, seams, penetra- 
tions, filter support frames, and other appendages attached 
inside the hood shall not be required to be welded or brazed 
but shall be otherwise sealed to be grease tight. 

Exceptions: 

1. Penetrations shall not be required to be welded or 
brazed where sealed by devices that are listed for 
the application. 

2. Internal welding or brazing of seams, joints, and 
penetrations of the hood shall not be prohibited 
provided that the joint is formed smooth or ground 
so as to not trap grease, and is readily cleanable. 

507.7.2 Type II hoods. Joints, seams and penetrations for 
Type II hoods shall be constructed as set forth in Chapter 6, 
shall be sealed on the interior of the hood and shall provide a 
smooth surface that is readily cleanable and water tight. 

507.8 Cleaning and grease gutters. A hood shall be designed 
to provide for thorough cleaning of the entire hood. Grease gut- 
ters shall drain to an approved collection receptacle that is fab- 
ricated, designed and installed to allow access for cleaning. 

507.9 Clearances for Type I hood. A Type I hood shall be 
installed with a clearance to combustibles of not less than 18 
inches (457 mm). 

Exception: Clearance shall not be required from gypsum 
wallboard attached to noncombustihle structures provided 



42 



2008 NEW YORK CITY MECHANICAL CODE 



EXHAUST SYSTEMS 



that a smooth, cleanable, nonabsorbent and noncombustible 
materia] is installed between the hood and the gypsum wall- 
board over an area extending not less than 18 inches (457 
mm) in all directions from the hood. 

507.10 Hoods penetrating a ceiling. Type I hoods or portions 
thereof penetrating a ceiling, wall or furred space shall comply 
with all the requirements of Section 506.3.10. 

507.11 Grease filters. Type I hoods shall be equipped with UL 
1046 listed grease filters designed for the specific purpose. 
Grease-collecting equipment shall be provided with access for 
cleaning. The lowest edge of a grease filter located above the 
cooking surface shall be not less than the height specified in 
Table 507.11. 

TABLE 507.11 

MINIMUM DISTANCE BETWEEN THE LOWEST EDGE OF A 

GREASE FILTER AND THE COOKING SURFACE OR THE 

HEATING SURFACE 



TYPE OF COOKING 
APPLIANCE 


HEIGHT ABOVE COOKING 
SURFACE (feet) 


Without exposed flame 


0.5 


Exposed flame and burners 


2 


Exposed charcoal and charbroil type 


4 



For SI: I foot = 304.8 mm. 

507.11.1 Criteria. Filters shall be of such size, type and 
arrangement as will permit the required quantity of air to 
pass through such units at rates not exceeding those for 
which the filter or unit was designed or approved. Filter 
units shall be installed in frames or holders so as to be 
readily removable without the use of separate tools, unless 
designed and installed to be cleaned in place and the system 
is equipped for such cleaning in place. Removable filter 
units shall be of a size that will allow them to be cleaned in a 
dishwashing machine or pot sink. Filter units shall be 
arranged in place or provided with drip-intercepting devices 
to prevent grease or other condensate from dripping into 
food or on food preparation surfaces. 

507.11.2 Mounting position. Filters shall be installed at an 
angle of not less than 45 degrees (0.79 rad) from the hori- 
zontal and shall be equipped with a drip tray beneath the 
lower edge of the filters. 

507.11.3 Filter servicing. Filters shall be serviced and 
replaced regularly by qualified employees of the owner or 
by a cleaning agency. A record indicating the name of the 
person or firm doing the servicing and the dates when filters 
were cleaned or replaced shall be available for inspection by 
the commissioner. They shall be cleaned or replaced as fre- 
quently as necessary, but at least every 3 months, and no 
exhaust system shall be operated while cooking is being car- 
ried on without the filters installed in place. 

507.12 Canopy size and location. The inside lower edge of 
canopy-type commercial cooking hoods shall overhang or 
extend a horizontal distance of not less than 6 inches (152 mm) 
beyond the edge of the cooking surface, on all open sides. The 



vertical distance between the front lower lip of the hood and the 
cooking surface shall not exceed 4 feet (1219 mm). 

Exception: The hood shall be permitted to be flush with the 
outer edge of the cooking surface where the hood is closed 
to the appliance side by a noncombustible wall or panel. 

507.13 Capacity of hoods. Commercial food service hoods 
shall exhaust a minimum net quantity of air determined in 
accordance with this section and Sections 507.13.1 through 
507. 13.4. The net quantity of exhaust air shall be calculated by 
subtracting any airflow supplied directly to a hood cavity from 
the total exhaust flow rate of a hood. Where any combination of 
extra-heavy-duty, heavy-duty, medium-duty, and light-duty 
cooking appliances are utilized under a single hood, the highest 
exhaust rate required by this section shall be used for the entire 
hood. 

507.13.1 Extra-heavy-duty cooking appliances. The min- 
imum net airflow for Type I hoods used for 
extra-heavy-duty cooking appliances shall be determined as 
follows: 

Type of Hood CFM per linear foot of hood 

Wall -mounted canopy 550 

Single island canopy 700 

Double island canopy (per side) 550 

Backshelf/pass-over Not allowed 

Eyebrow Not allowed 

For SI: 1 cfm per linear foot = 1 .55 L/s per linear 
meter. 

507.13.2 Heavy-duty cooking appliances. The minimum 
net airflow for Type I hoods used for heavy-duty cooking 
appliances shall be determined as follows: 

Type of Hood CFM per linear foot of hood 

Wall-mounted canopy 400 

Single island canopy 600 

Double island canopy (per side) 400 

Backshelf/pass-over 400 

Eyebrow Not allowed 

For SI: 1 cfm per linear foot = 1.55 L/s per linear 
meter. 

507.13.3 Medium-duty cooking appliances. The mini- 
mum net airflow for Type I hoods used for medium-duty 
cooking appliances shall be determined as follows: 

Type of Hood CFM per linear foot of hood 

Wall-mounted canopy 300 

Single island canopy 500 

Double island canopy (per side) 300 

Backshelf/pass-over 300 

Eyebrow 250 

For SI: 1 cfm per linear foot = 1 .55 L/s per linear 
meter. 

507.13.4 Light-duty cooking appliances. The minimum 
net airflow for Type I hoods used for light duty cooking 
appliances and food service preparation and cooking opera- 



2008 NEW YORK CITY MECHANICAL CODE 



43 



EXHAUST SYSTEMS 



tions approved for use under a Type II hood shall be deter- 
mined as follows: 

Type of Hood CFM per linear foot of hood 

Wall-mounted canopy 200 

Single island canopy 400 

Double island canopy (per side) 250 

Backshelf/pass-over 250 

Eyebrow 250 

For SI: 1 cfm per linear foot = 1.55 L/s per linear 
meter. 

507.14 Noncanopy size and location. Noncanopy-type hoods 
shall be located a maximum of 3 feet (9 1 4 mm) above the cook- 
ing surface. The edge of the hood shall be set back a maximum 
of 1 foot (305 mm) from the edge of the cooking surface. 

507.15 Exhaust outlets. Exhaust outlets located within the 
hood shall be located so as to optimize the capture of particu- 
late matter. Each outlet shall serve not more than a 12-foot 
(3658 mm) section of hood. 

507.16 Performance test. A performance test shall be con- 

I ducted upon completion and witnessed by a representative of 
the Fire Department before final approval of the installation of 
a ventilation system serving commercial cooking appliances. 
The test shall verify the rate of exhaust airflow required by Sec- 
tion 507.13, makeup airflow required by Section 508, and 
proper operation as specified in this chapter. The permit holder 
shall furnish the necessary test equipment and devices required 
to perform the tests. 



SECTION MC 508 
COMMERCIAL KITCHEN MAKEUP AIR 

508.1 Makeup air. Makeup air shall be supplied during the 
operation of commercial kitchen exhaust systems that are pro- 
vided for commercial cooking appliances. The amount of 
makeup air supplied shall be approximately equal to the 
amount of exhaust air. The makeup air shall not reduce the 
effectiveness of the exhaust system. Makeup air shall be pro- 
vided by gravity or mechanical means or both. For mechanical 
makeup air systems, the exhaust and makeup air systems shall 
be electrically interlocked to insure that makeup air is provided 
whenever the exhaust system is in operation. Makeup air intake 
opening locations shall comply with Sections 401.5 and 
401.5.1. 

508.1.1 Makeup air temperature. The temperature differ- 
ential between makeup air and the air in the conditioned 
space shall not exceed 10°F (6°C). 

Exceptions: 

1 . Makeup air that is part of the air-conditioning sys- 
tem. 

2. Makeup air that does not decrease the comfort con- 
ditions of the occupied space. 

508.2 Compensating hoods. Manufacturers of compensating 
hoods shall provide a label indicating minimum exhaust flow 



and/or maximum makeup airflow that provides capture and 
containment of the exhaust effluent. 



SECTION MC 509 i 

FIRE SUPPRESSION SYSTEMS 

509.1 Where required. Commercial cooking appliances 1 
required by Section 507.2.1 to have a Type I hood shall be pro- 
vided with an approved automatic fire suppression system 
complying with the New York City Building Code and the New I 
York City Fire Code. I 



SECTION MC 510 I 

HAZARDOUS EXHAUST SYSTEMS 

510.1 General. This section shall govern the design and con- 
struction of duct systems for hazardous exhaust and shall deter- 
mine where such systems are required. Hazardous exhaust 
systems are systems designed to capture and control hazardous 
emissions generated from product handling or processes, and 
convey those emissions to the outdoors. Hazardous emissions 
include flammable vapors, gases, fumes, mists or dusts, and 
volatile or air-borne materials, including but not limited to I 
perchloroethylene, posing a health hazard, such as toxic or cor- I 
rosive materials. For the purposes of this section, the 
health-hazard rating of materials shall be as specified in NFPA 
704. 

510.2 Where required. A hazardous exhaust system shall be 
required wherever operations involving the handling or pro- 
cessing of hazardous materials, in the absence of such exhaust 
systems and under normal operating conditions, have the 
potential to create one of the following conditions: 

1. A flammable vapor, gas, fume, mist or dust is present in 
concentrations exceeding 25 percent of the lower 
flammability limit of the substance for the expected 
room temperature. 

2. A vapor, gas, fume, mist or dust with a health-hazard rat- 
ing of 4 is present in any concentration. 

3. A vapor, gas, fume, mist or dust with a health-hazard rat- 
ing of 1, 2 or 3 is present in concentrations exceeding 1 
percent of the median lethal concentration of the sub- 
stance for acute inhalation toxicity. 

510.2.1 Lumber yards and woodworking facilities. 

Equipment or machinery located inside buildings at lumber 
yards and woodworking facilities which generates or emits 
combustible dust shall be provided with an approved 
dust-collection and exhaust system installed in confor- 
mance with this section and the New York City Fire Code. I 
Equipment and systems that are used to collect, process or 
convey combustible dusts shall be provided with an 
approved explosion-control system. 

510.2.2 Combustible fibers. Equipment or machinery 
within a building which generates or emits combustible 
fibers shall be provided with an approved dust-collecting 
and exhaust system. Such systems shall comply with this 
code and the New York City Fire Code. I 



44 



2008 NEW YORK CITY MECHANICAL CODE 



EXHAUST SYSTEMS 



510.3 Design and operation. The design and operation of the 
exhaust system shall be such that flammable contaminants are 
diluted in noncontaminated air to maintain concentrations in 
the exhaust flow below 25 percent of the contaminant's lower 
flammability limit. 

510.4 Independent system. Hazardous exhaust systems shall 
be independent of other types of exhaust systems. Incompati- 

I ble materials, as defined in the New York City Fire Code, shall 
not be exhausted through the same hazardous exhaust system. 
Hazardous exhaust systems shall not share common shafts 
with other duct systems, except where such systems are haz- 
ardous exhaust systems originating in the same fire area. 

Contaminated air shall not be recirculated to occupied areas 
unless the contaminants have been removed. Air contaminated 
with explosive or flammable vapors, fumes or dusts; flamma- 
ble or toxic gases; or radioactive material shall not be 
recirculated. 

510.5 Design. Systems for removal of vapors, gases and smoke 
shall be designed by the constant velocity or equal friction 
methods. Systems conveying particulate matter shall be 
designed employing the constant velocity method. 

510.5.1 Balancing. Systems conveying explosive or radio- 
active materials shall be prebalanced by duct sizing. Other 
systems shall be balanced by duct sizing with balancing 
devices, such as dampers. Dampers provided to balance 
air- flow shall be provided with securely fixed mini- 
mum-position blocking devices to prevent restricting flow 
below the required volume or velocity. 

510.5.2 Emission control. The design of the system shall 
be such that the emissions are confined to the area in which 
they are generated by air currents, hoods or enclosures and 
shall be exhausted by a duct system to a safe location or 
treated by removing contaminants. 

510.5.3 Hoods required. Hoods or enclosures shall be used 
where contaminants originate in a limited area of a space. 
The design of the hood or enclosure shall be such that air 
currents created by the exhaust systems will capture the 
contaminants and transport them directly to the exhaust 
duct. 

510.5.4 Contaminant capture and dilution. The velocity 
and circulation of air in work areas shall be such that con- 
taminants are captured by an airstream at the area where the 
emissions are generated and conveyed into a product-con- 
veying duct system. Contaminated air from work areas 
where hazardous contaminants are generated shall be 
diluted below the thresholds specified in Section 5 10.2 with 
air that does not contain other hazardous contaminants. 

510.5.5 Makeup air. Makeup air shall be provided at a rate 
approximately equal to the rate that air is exhausted by the 
hazardous exhaust system. Makeup-air intakes shall be 
located so as to avoid recirculation of contaminated air. 



510.5.6 Clearances. The minimum clearance between 
hoods and combustible construction shall be the clearance 
required by the duct system. 

510.5.7 Ducts. Hazardous exhaust duct systems shall 
extend directly to the exterior of the building and shall not 
extend into or through ducts and plenums. 

510.6 Penetrations. Penetrations of structural elements by a 
hazardous exhaust system shall conform to Sections 510.6.1 
through 510.6.3. 

Exception: Duct penetrations within H-5 occupancies as 
allowed by the New York City Building Code. I 

510.6.1 Floors. Hazardous exhaust systems that penetrate a 
floor/ceiling assembly shall be enclosed in a fire-resis- 
tance-rated shaft constructed in accordance with the New I 
York City Building Code. 

510.6.2 Wall assemblies. Hazardous exhaust duct systems 
that penetrate fire-resistance-rated wall assemblies shall be 
enclosed in fire-resistance-rated construction from the first 1 
point of penetration to the outlet terminal, except where the 
interior of the duct is equipped with an approved automatic 
fire suppression system. Ducts shall be enclosed in accor- 
dance with the New York City Building Code requirements I 
for shaft construction and such enclosure shall have a mini- 
mum fire-resistance-rating of not less than the highest 
fire-resistance-rated wall assembly penetrated. 

510.6.3 Fire walls. Ducts shall not penetrate a fire wall. 

510.7 Suppression required. Ducts shall be protected with an 
approved automatic fire suppression system installed in accor- 
dance with the New York City Building Code. I 

Exceptions: 

1. An approved automatic fire suppression system shall 
not be required in ducts conveying materials, fumes, 
mists and vapors that are nonflammable and 
noncombustible under all conditions and at any con- 
centrations. 

2. An approved automatic fire suppression system shall 
not be required in ducts where the largest cross-sec- 
tional diameter of the duct is less than 10 inches (254 
mm). 

510.8 Duct construction. Ducts utilized to convey hazardous 
exhaust shall be constructed of approved G90 galvanized sheet 
steel, with a minimum nominal thickness as specified in Table 
510.8. 

Nonmetallic ducts utilized in systems exhausting nonflam- 
mable corrosive fumes or vapors shall be listed and labeled. 
Nonmetallic duct shall have a flame spread index of 25 or less 
and a smoke-developed index of 50 or less, when tested in 
accordance with ASTM E 84. Ducts shall be approved for 
installation in such an exhaust system. 



2008 NEW YORK CITY MECHANICAL CODE 



45 



EXHAUST SYSTEMS 



Where the products being exhausted are detrimental to the 
duct material, the ducts shall be constructed of alternative 
materials that are compatible with the exhaust. 

TABLE 510.8 
MINIMUM DUCT THICKNESS 



DIAMETER OF 

DUCT OF 

MAXIMUM SIDE 

DIMENSION 


MINIMUM NOMINAL THICKNESS 


Nonabrasive 
materials 


Nonabrasive/ 
Abrasive 
materials 


Abrasive 
materials 


0-8 inches 


0.028 inch 
(No. 24 Gage) 


0.034 inch 
(No. 22 Gage) 


0.040 inch 
(No. 20 Gage) 


9- 18 inches 


0.034 inch 

(No. 22 Gage) 


0.040 inch 
(No. 20 Gage) 


0.052 inch 
(No. 18 Gage) 


19-30 inches 


0.040 inch 
(No. 20 Gage) 


0.052 inch 
(No. 18 Gage) 


0.064 inch 
(No. 16 Gage) 



For SI: 1 inch = 25.4 mm. 

510.8.1 Duct joints. Ducts shall be made tight with lap 
joints having a minimum lap of 1 inch (25 mm). 

510.8.2 Clearance to combustibles. Ducts shall have a 
clearance to combustibles in accordance with Table 5 10.8.2. 
Exhaust gases having temperatures in excess of 600°F 
(3 16°C) shall be exhausted to a chimney in accordance with 
Section 5.1 1.2. 

TABLE 510.8.2 
CLEARANCE TO COMBUSTIBLES 



TYPE OF EXHAUST OR 
TEMPERATURE OF EXHAUST (°F) 


CLEARANCE TO COMBUSTIBLES 

(inches) 


Less than 1 00 


1 


1 00-600 


12 


Flammable vapors 


6 



I For SI: I inch = 25.4 mm, °C - (°F - 32)/.] .8. 

510.8.3 Explosion relief. Systems exhausting potentially 
explosive mixtures shall be protected with an approved 
explosion relief system or by an approved explosion preven- 
tion system designed and installed in accordance with 
NFPA 69. An explosion relief system shall be designed to 
minimize the structural and mechanical damage resulting 
from an explosion or deflagration within the exhaust sys- 
tem. An explosion prevention system shall be designed to 
prevent an explosion or deflagration from occurring. 

510.9 Supports. Ducts shall be supported at intervals not 
exceeding 1 feet (3048 mm). Supports shall be constructed of 
noncombustible material . 



SECTION MC 511 

DUST, STOCK AND REFUSE CONVEYING 

SYSTEMS 

511.1 Dust, stock and refuse conveying systems. Dust, stock 
and refuse conveying systems shall comply with the provisions 
of Section 5 10 and Sections 511.1. 1 through 5 1 1 .2. 

511.1.1 Collectors and separators. Cyclone collectors and 
separators and associated supports shall be constructed of 
noncombustible materials and shall be located on the exte- 



rior of the building or structure. A collector or separator 
shall not be located nearer than 10 feet (3048 mm) to com- 
bustible construction or to an unprotected wall or floor 
opening, unless the collector is provided with a metal vent 
pipe that extends above the highest part of any roof within a 
distance of 30 feet (9144 mm). 

511.1.2 Discharge pipe. Discharge piping shall conform to 
the requirements for ducts, including clearances required 
for high-heat appliances, as contained in this code. A deliv- 
ery pipe from a cyclone collector shall not convey refuse 
directly into the firebox of a boiler, furnace, dutch oven, 
refuse burner, incinerator or other appliance. 

511.1.3 Conveying system exhaust discharge. An exhaust 
system shall discharge to the outside of the building either 
directly by flue, or indirectly through the separator, bin or 
vault into which the system discharges. 

511.1.4 Spark protection. The outlet of an open-air 
exhaust terminal shall be protected with an approved metal 
or other noncombustible screen to prevent the entry of 
sparks. 

511.1.5 Explosion relief vents. A safety or explosion relief 
vent shall be provided on all systems that convey combusti- 
ble refuse or stock of an explosive nature, in accordance 
with the requirements of the New York City Building Code. 

511.1.5.1 Screens. Where a screen is installed in a safety 
relief vent, the screen shall be attached so as to permit 
ready release under the explosion pressure. 

511.1.5.2 Hoods. The relief vent shall be provided with 
an approved noncombustible cowl or hood, or with a 
counterbalanced relief valve or cover arranged to prevent 
the escape of hazardous materials, gases or liquids. 

511.2 Exhaust outlets. Outlets for exhaust that exceed 600°F 
(315°C) shall be designed in accordance with Table 51 1.2. 

The termination point for exhaust ducts discharging to the 
atmosphere shall not be less than the following: 

1 . Ducts conveying explosive or flammable vapors, fumes 
or dusts: 30 feet (9144 mm) from property line; 10 feet 
(3048 mm) from openings into the building; 6 feet (1829 
mm) from exterior walls or roofs; 30 feet (9144 mm) 
from combustible walls or openings into the building 
which are in the direction of the exhaust discharge; and 
10 feet (3048 mm) above adjoining grade. 

2. Other product-conveying outlets: 10 feet (3048 mm) 
from property line; 3 feet (914 mm) from exterior wall or 
roof; 10 feet (3048 mm) from openings into the building; 
and 10 feet (3048 mm) above adjoining grade. 

3. Environmental air duct exhaust: 3 feet (914 mm) from 
property line; and 3 feet (914 mm) from openings into 
the building. 



SECTION MC 512 
SUBSLAB SOIL EXHAUST SYSTEMS 

512.1 General. When a subslab soil exhaust system is pro- 
vided, the duct shall conform to the requirements of this sec- 
tion. 



46 



2008 NEW YORK CITY MECHANICAL CODE 



512.2 Materials. Subslab soil exhaust system duct material 
shall be air duct material listed and labeled to the requirements 
of UL 1 8 1 for Class air ducts, or any of the following piping 
materials that comply with the New York City Plumbing Code 
as building sanitary drainage and vent pipe: cast iron; galva- 
nized steel; brass or copper pipe; copper tube of a weight not 
less than that of copper drainage tube, Type DWV; and plastic 
piping. 

512.3 Grade. Exhaust system ducts shall not be trapped and 
shall have a minimum slope of one-eighth unit vertical in 12 
units horizontal (1 -percent slope). 

512.4 Termination. Subslab soil exhaust system ducts shall 
extend through the roof and terminate at least 6 inches (152 
mm) above the roof and at least 10 feet (3048 mm) from any 
operable openings or air intake. 

512.5 Identification. Subslab soil exhaust ducts shall be per- 
manently identified within each floor level by means of a tag, 
stencil or other approved marking. 



SECTION MC 513 
SMOKE CONTROL SYSTEMS 

513.1 Scope and purpose. This section applies to mechanical 
and passive smoke control systems that are required by the New 
York City Building Code. The purpose of this section is to 
establish minimum requirements for the design, installation 
and acceptance testing of smoke control systems that are 
intended to provide a tenable environment for the evacuation or 
relocation of occupants. These provisions are not intended for 
the preservation of contents, the timely restoration of opera- 
tions, or for assistance in fire suppression or overhaul activities. 
Smoke control systems regulated by this section serve a differ- 
ent purpose than the smoke- and heat-venting provisions found 
in Section 91 of the New York City Building Code. 



EXHAUST SYSTEMS 



513.2 General design requirements. Buildings, structures, or 
parts thereof required by this code to have a smoke control sys- 
tem or systems shall have such systems designed in accordance 
with the applicable requirements of Section 909 of the New 
York City Building Code and the generally accepted and 
well-established principles of engineering relevant to the 
design. The construction documents shall include sufficient 
information and detail to describe adequately the elements of 
the design necessary for the proper implementation of the 
smoke control systems. These documents shall be accompa- 
nied with sufficient information and analysis to demonstrate 
compliance with these provisions. 

513.3 Special inspection and test requirements. In addition 
to the ordinary inspection and test requirements which build- 
ings, structures and parts thereof are required to undergo, 
smoke control systems subject to the provisions of Section 909 
of the New York City Building Code shall undergo special 
inspections and tests sufficient to verify the proper commis- 
sioning of the smoke control design in its final installed condi- 
tion. The design submission accompanying the construction 
documents shall clearly detail procedures and methods to be 
used and the items subject to such inspections and tests. Such 
commissioning shall be in accordance with generally accepted 
engineering practice and, where possible, based on published 
standards for the particular testing involved. The special 
inspections and tests required by this section shall be con- 
ducted under the same terms as found in Section 1704 of the 
New York City Building Code. 

513.4 Analysis. A rational analysis supporting the types of 
smoke control systems to be employed, their methods of opera- 
tion, the systems supporting them, and the methods of con- 
struction to be utilized shall accompany the submitted 
construction documents and shall include, but not be limited to, 
the items indicated in Sections 513.4.1 through 513.4.6. 



TABLE 511.2 

CONSTRUCTION, CLEARANCE AND TERMINATION REQUIREMENTS FOR 

SINGLE-WALL METAL DUST, STOCK AND REFUSE CONVEYING SYSTEMS 



SERVING 

TEMPERATURE 

RANGE 


MINIMUM THICKNESS 


TERMINATION 


CLEARANCE 


Walls 
(inch) 


Lining 


Above roof 

opening 

(feet) 


Above any part of building within 
(feet) 


Combustible 

construction 

(inches) 


Noncombustible 
construction 


10 


25 


50 


Interior 
inst. 


Exterior 
inst. 


Interior 
inst. 


Exterior 

inst. 


Low-heat appliances 
( 1, 000°F normal 
operation) 


0.127 
(No. 10 MSG) 


None 


3 


2 


— 


— 


18 


6 


Up to 18" diameter, 2" 
Over 18" diameter, 4" 


Medium-heat 
appliances (2,000°F 
maximum) 11 


0.127 
(No. 10 MSG) 


Up to 18" clia. — 2 ] / 2 " 
Over 18 ,, -4 l / 2 " 
On4'/ 2 " bed 


10 


— 


10 


— 


36 


24 




High-heat appliances 
(Over 2,000°F) a 


0.127 
(No. 10 MSG) 


4 l / 2 " laid on 4 , / 2 " 
bed 


20 


— 


— 


20 


See Note c 



For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, °C = [(°F)-32]/1..8. 

a. Lining shall extend from bottom to top of outlet. 

b. Lining shall extend from 24 inches below connector to 24 feet above. 

c. Clearance shall be as specified by the design engineer and shall have sufficient clearance from buildings and structures to avoid overheating combustible materials 
(maximum 160°F). 



2008 NEW YORK CITY MECHANICAL CODE 



47 



EXHAUST SYSTEMS 



513.4.1 Stack effect. The system shall be designed such 
that the maximum probable normal or reverse stack effects 
will not adversely interfere with the system's capabilities. In 
determining the maximum probable stack effects, altitude, 
elevation, weather history and interior temperatures shall be 
used. 

513.4.2 Temperature effect of fire. Buoyancy and expan- 
sion caused by the design fire in accordance with Section 
5] 3.9 shall be analyzed. The system shall be designed such 
that these effects do not adversely interfere with its capabili- 
ties. 

513.4.3 Wind effect. The design shall consider the adverse 
effects of wind. Such consideration shall be consistent with 

I the wind-loading provisions of the New York City Building 
Code. 

513.4.4 HVAC systems. The design shall consider the 
effects of the heating, ventilating and air-conditioning 
(HVAC) systems on both smoke and fire transport. The 
analysis shall include all permutations of systems' status. 
The design shall consider the effects of fire on the HVAC 
systems. 

513.4.5 Climate. The design shall consider the effects of 
low temperatures on systems, property and occupants. Air 
inlets and exhausts shall be located so as to prevent snow or 
ice blockage. 

513.4.6 Duration of operation. All portions of active or 
passive smoke control systems shall be capable of continued 
operation after detection of the fire event for not less than 20 
minutes. 

513.5 Smoke barrier construction. Smoke barriers shall 
I comply with the New York City Building Code. Smoke barriers 
shall be constructed and sealed to limit leakage areas exclusive 
of protected openings. The maximum allowable leakage area 
shall be the aggregate area calculated using the following leak- 
age area ratios: 

1. Walls: A/A w = 0.00100 

2. Exit enclosures: A/A w = 0.00035 

3. All other shafts: A/A w - 0.00150 

4. Floors and roofs: A/A, = 0.00050 
where: 

A = Total leakage area, square feet On 2 ). 

A F = Unit floor or roof area of barrier, square feet (m 2 ). 

A w - Unit wall area of barrier, square feet (m 2 ). 

The leakage area ratios shown do not include openings due 
to doors, operable windows or similar gaps. These shall be 
included in calculating the total leakage area. 

513.5.1 Leakage area. Total leakage area of the barrier is 
the product of the smoke barrier gross area times the allow- 

Iable leakage area ratio, plus the area of other openings such 
as gaps and operable windows. Compliance shall be deter- 
mined by achieving the minimum air pressure difference 
across the barrier with the system in the smoke control mode 
for mechanical smoke control systems. Passive smoke con- 



trol systems tested using other approved means such as door 
fan testing shall be as approved by the commissioner. I 

513.5.2 Opening protection. Openings in smoke barriers 
shall be protected by automatic-closing devices actuated by 
the required controls for the mechanical smoke control sys- 
tem. Door openings shall be protected by door assemblies 
complying with the requirements of the New York City% I 
Building Code for doors in smoke barriers. 

Exceptions: 

1. Passive smoke control systems with auto- 
matic-closing devices actuated by spot-type 
smoke detectors listed for releasing service 
installed in accordance with the New York City I 
Building Code. 

2. Fixed openings between smoke zones which are 
protected utilizing the airflow method. 

3. In Group 1-2 where such doors are installed across 
corridors, a pair of opposite-swinging doors with- 
out a center mullion shall be installed having 
vision panels with approved fire-rated glazing 
materials in approved fire-rated frames, the area of 
which shall not exceed that tested. The doors shall 
be close-fitting within operational tolerances, and 
shall not have undercuts, louvers or grilles. The 
doors shall have head and jamb stops, astragals or 
rabbets at meeting edges and automatic-closing 
devices. Positive latching devices are not required. 

4. Group 1-3. 

5. Openings between smoke zones with clear ceiling 
heights of 14 feet (4267 mm) or greater and bank 
down capacity of greater than 20 minutes as deter- 
mined by the design fire size. 

513.5.2.1 Ducts and air transfer openings. Ducts and 
air transfer openings are required to be protected with a 
minimum Class II, 250°F (121°C) smoke damper com- 
plying with the New York City Building Code. I 

513.6 Pressurization method. The primary mechanical 
means of controlling smoke shall be by pressure differences 
across smoke barriers. Maintenance of a tenable environment 
is not required in the smoke control zone of fire origin. 

513.6.1 Minimum pressure difference. The minimum 
pressure difference across a smoke barrier shall be 
0.05-inch water Gage (12.4 Pa) in fully sprinklered build- I 
ings. 

In buildings permitted to be other than fully sprinklered, 
the smoke control system shall be designed to achieve pres- 
sure differences at least two times the maximum calculated 
pressure difference produced by the design fire. 

513.6.2 Maximum pressure difference. The maximum air 
pressure difference across a smoke barrier shall be deter- 
mined by required door-opening or closing forces. The 
actual force required to open exit doors when the system is 
in the smoke control mode shall be in accordance with the 
New York City Building Code. Opening and closing forces I 
for other doors shall be determined by standard engineering 
methods for the resolution of forces and reactions. The cal- 



48 



2008 NEW YORK CITY MECHANICAL CODE 



EXHAUST SYSTEMS 



dilated force to set a side-hinged, swinging door in motion 
shall be determined by: 



F = F ilr K(WAAP)/2(W-d) 
where: 



(Equation 5-2) 



A - Door area, square feet (m 2 ). 

d = Distance from door handles to latch edge of door 

fee (m). 

F - Total door opening force, pounds (N). 

F dr = Force required to overcome closing device, 
pounds (N). 

K = Coefficient 5.2 (1.0). 

W = Door width, feet (m). 

AP = Design pressure difference, inches (Pa) water 
gage. 

1513.7 Airflow design method. When approved by the com- 
missioner, smoke migration through openings fixed in a per- 
manently open position, which are located between smoke 
control zones by the use of the airflow method, shall be permit- 
ted. The design airflows shall be in accordance with this sec- 
tion. Airflow shall be directed to limit smoke migration from 
the fire zone. The geometry of openings shall be considered to 
prevent flow reversal from turbulent effects. 

513.7.1 Velocity. The minimum average velocity through a 
fixed opening shall not be less than: 



(Equation 5-3) 



v = 217.2 [h(7}- 7;)/(7}+460)] l/2 

For SI: v = 1 19.9 [h(T f - T )/T f V n 

where: 

H - Height of opening, feet (m). 

Tf - Temperature of smoke, °F (K). 

T () - Temperature of ambient air, °F (K). 

v = Air velocity, feet per minute (m/minute). 

513.7.2 Prohibited conditions. This method shall not be 
employed where either the quantity of air or the velocity of 
the airflow will adversely affect other portions of the smoke 
control system, unduly intensify the fire, disrupt plume 
dynamics or interfere with exiting. In no case shall airflow 
toward the fire exceed 200 feet per minute (1.02 m/s). 
Where the formula in Section 513.7.1 requires airflow to 
exceed this limit, the airflow method shall not be used. 

I 513.8 Exhaust method. When approved by the commissioner, 
mechanical smoke control for large enclosed volumes, such as 
in atria or malls, shall be permitted to utilize the exhaust 
method. The design exhaust volumes shall be in accordance 
with this section. 

513.8.1 Exhaust rate. The height of the lowest horizontal 
surface of the accumulating smoke layer shall be main- 
tained at least 10 feet (3048 mm) above any walking surface 
which forms a portion of a required egress system within the 
smoke zone. The required exhaust rate for the zone shall be 
the largest of the calculated plume mass flow rates for the 
possible plume configurations. Provisions shall be made for 



natural or mechanical supply of outside air from outside or 
adjacent smoke zones to make up for the air exhausted. 
Makeup airflow rates, when measured at the potential fire 
location, shall not exceed 200 feet per minute (1.02m/s) 
toward the fire. The temperature of the makeup air shall be 
such that it does not expose temperature-sensitive fire pro- 
tection systems beyond their limits. 

513.8.2 Axisymmetric plumes. The plume mass flow rate 
(m /; ), in pounds per second (kg/s), shall be determined by 
placing the design fire center on the axis of the space being 
analyzed. The limiting flame height shall be determined by: 

Zi = 0.533 Q* 5 (Equation 5-4) 

ForSI:z,.= 0.166Q, 2/5 

where: 

M = Plume mass flow rate, pounds per second (kg/s). 

Q - Total heat output. 

Q { . = Convective heat ouput, British thermal units per 
second (k/W). 

(The value of O v shall not be taken as less than 
0.70Q). 

z = Height from top of fuel surface to bottom of smoke 
layer, feet (m). 

z, - Limiting flame height, feet (m). The z- k value must 
be greater than the fuel equivalent diameter (see 
Section 513.9). 

for z > Zi 

m p = 0.022Q r ,/ V /3 + 0.00422, 

For SI: m p - 0.071 Q L } ! \™ + 0.00182, 

for z = Zi 

M„ = 0.0110, 

For SI: m /; = 0.0350, 

for z > z.j 

M p = 0.0208 Q™z 

For SI: m p = 0.032Q c 2,5 z 

To convert mp from pounds per second of mass flow to 
a volumetric rate, the following formula shall be used: 

V=60/?7 7 /P (Equation 5-5) 

where 

V = Volumetric flow rate, cubic feet per minute (m 3 /s). 

R - Density of air at the temperature of the smoke 
layer, pounds per cubic feet (7: in °F)[kg/m 3 (T: in 
°C)]. 

513.8.3 Balcony spill plumes. The plume mass flow rate 
(m p ) for spill plumes shall be determined using the geomet- 
rically probable width based on architectural elements and 
projections in the following formula: 

M p = 0. 124(|2 W 2 ) m (z h + 0.25tf) (Equation 5-6) 

For SI: m p = 0.36(0^) {l \z h + 0.25//) 



2008 NEW YORK CITY MECHANICAL CODE 



49 



EXHAUST SYSTEMS 



where: 

H - Height above fire to underside of balcony, feet 
(m). 

M p - Plume mass flow rate, pounds per second (kg/s). 

Q - Total heat output 

W - Plume width at point of spill, feet (m). 

513.8.4 Window plumes. The plume mass flow rate (m ) 
shall be determined from: 

m p = 0.017(A w H n: in ) m (z u . + a) 5 ' 3 + QASA w H„ m 

(Equation 5-7) 

For SI: m p = 0.6S(A u B u l/2 ) m (z w + a)™ + 1.5A„H w m 

where: 

A w = Area of the opening, square feet (m 2 ). 

H w = Height of the opening, feet (m). 

M p - Plume mass flow rate, pounds per second (kg/s). 

z,, = Height from the top of the window or opening to 
the bottom of the smoke layer, feet (m). 

a = 2AAJ I5 HJ I5 -2AH W 

513.8.5 Plume contact with walls. When a plume contacts 
one or more of the surrounding walls, the mass flow rate 
shall be adjusted for the reduced entrainment resulting from 
the contact provided that the contact remains constant. Use 
of this provision requires calculation of the plume diameter, 
that shall be calculated by: 

d = 0.48 l(T t . + 460)/(jT f , + 460)] m z (Equation 5-8) 

For SI: d = QA$(TJT (! ) U2 z 

where: 

d - Plume diameter, feet (m). 

T a ~ Ambient air temperature, °F (°K). 

T a = Plume center! ine temperature, °F (°K). 



increased if other combustibles are within the separation 
distance as determined by: 



= 0.6(7; + 460)G, : 



' l + T„ 



z = Height at which T c is determined, feet (m). 

For SI: T c = 0.08 T Z Q™ r 5/3 + T a 

513.9 Design fire. The design fire shall be based on a Q of not 
less than 5,000 Btu per second (5275 kW) unless a rational 
analysis is performed by the registered design professional and 
I approved by the commissioner. The design fire shall be based 
on the analysis in accordance with Section 513.4 and this sec- 
tion. 

513.9.1 Factors considered. The engineering analysis shall 
include the characteristics of the fuel, fuel load, effects 
included by the fire, and whether the fire is likely to be 
steady or unsteady. 

513.9.2 Separation distance. Determination of the design 
fire shall include consideration of the type of fuel, fuel spac- 
ing and configuration. The ratio of the separation distance to 
the fuel equivalent radius shall not be less than 4. The fuel 
equivalent radius shall be the radius of a circle of equal area 
to floor area of the fuel package. The design fire shall be 



R = [QI(\2%Q' 



(Equation 5-9) 



where: 

Q" - Incident radiant heat flux required for nonpiloted 

ignition, Btu/ft 2 • s (W/m 2 ). 
Q = Heat release from fire, Btu/s (kW). 

R - Separation distance from target to center of fuel 
package, feet (m). 

513.9.3 Heat-release assumptions. The analysis shall 
make use of the best available data from approved sources 
and shall not be based on excessively stringent limitations of 
combustible material. 

513.9.4 Sprinkler effectiveness assumptions. A docu- 
mented engineering analysis shall be provided for condi- 
tions that assume fire growth is halted at the time of 
sprinkler activation. 

513.10 Equipment. Equipment such as, but not limited to, 
fans, ducts, automatic dampers and balance dampers shall be 
suitable for their intended use, suitable for the probable expo- 
sure temperatures that the rational analysis indicates, and as 
approved by the commissioner. I 

513.10.1 Exhaust fans. Components of exhaust fans shall 
be rated and certified by the manufacturer for the probable 
temperature rise to which the components will be exposed. 
This temperature rise shall be computed by: 



T=(QJmC) + (T tl ) 
where: 



(Equation 5-10) 



C = Specific heat of smoke at smoke-layer tempera- 
ture, Btu/lb °F (kJ/kg x K). 

m - Exhaust rate, pounds per second (kg/s). 

T a - Ambient temperature, °F (K). 

T s - Smoke temperature, °F (K). 

513.10.2 Ducts. Duct materials and joints shall be capable 
of withstanding the probable temperatures and pressures to 
which they are exposed as determined in accordance with 
Section 513.10.1. Ducts shall be constructed and supported 
in accordance with Chapter 6. Ducts shall be leak tested to 

1 .5 times the maximum design operating pressure in accor- I 
dance with nationally accepted practices. Measured leakage 
shall not exceed 5 percent of design flow. Results of such 
testing shall be a part of the documentation procedure. 
Ducts shall be supported directly from fire-resistance-rated 
structural elements of the building by substantial, 
noncombustible supports. 

Exception: Flexible connections, for the purpose of 
vibration isolation, that are constructed of approved 
fire-resistance-rated materials. 

513.10.3 Equipment, inlets and outlets. Equipment shall 
be located so as to not expose uninvolved portions of the 
building to an additional fire hazard. Outdoor air inlets shall 
be located so as to minimize the potential for introducing 



50 



2008 NEW YORK CITY MECHANICAL CODE 



EXHAUST SYSTEMS 



smoke or flame into the building. Exhaust outlets shall be so 
located as to minimize reintroduction of smoke into the 
building and to limit exposure of the building or adjacent 
buildings to an additional fire hazard. 

513.10.4 Automatic dampers. Automatic dampers, 
regardless of the purpose for which they are installed within 
the smoke control system, shall be listed and conform to the 
requirements of approved recognized standards. 

513.10.5 Fans. In addition to other requirements, 
belt-driven fans shall have 1.5 times the number of belts 
required for the design duty with the minimum number of 
belts being two. Fans shall be selected for stable perfor- 
mance based on normal temperature and, where applicable, 
elevated temperature. Calculations and manufacturer's fan 
curves shall be part of the documentation procedures. Fans 
shall be supported and restrained by noncombustible 
devices in accordance with the structural design require- 
ments of the New York City Building Code. Motors driving 
fans shall not be operating beyond their nameplate horse- 
power (kilowatts) as determined from measurement of 
actual current draw. Motors driving fans shall have a mini- 
mum service factor of 1.15. 

513.11 Power systems. The smoke control system shall be 
supplied with two sources of power. Primary power shall be the 
normal building power systems. Secondary power shall be 
from an approved emergency source complying with the New 
York City Electrical Code. The emergency power source and its 
transfer switches shall be in a separate room from the normal 
power transformers and switch gear and shall be enclosed in a 
room constructed of not less than 1-hour fire-resistance-rated 
fire barriers, ventilated directly to and from the exterior. Power 
distribution from the two sources shall be by independent 
routes. Transfer to full emergency power shall be automatic 
and within 60 seconds of failure of the primary power. The sys- 
tems shall comply with the New York City Electrical Code. 

513.11.1 Power sources and power surges. Elements of 
the smoke management system relying on volatile memo- 
ries or the like shall be supplied with integral uninterruptible 
power sources of sufficient duration to span 15-minute pri- 
mary power interruption. Elements of the smoke manage- 
ment system susceptible to power surges shall be suitably 
protected by conditioners, suppressors or other approved 
means. 

513.12 Detection and control systems. Fire detection systems 
providing control input or output signals to mechanical smoke 
control systems or elements thereof shall comply with the 
requirements of Chapter 9 of the New York City Building Code. 
Such systems shall be equipped with a control unit complying 
with UL 864 and listed as smoke control equipment. 

Control systems for mechanical smoke control systems shall 
include provisions for verification. Verification shall include 
positive confirmation of actuation, testing, manual override, 
the presence of power downstream of all disconnects and, 
through a preprogrammed weekly test sequence report, abnor- 
mal conditions audibly, visually and by printed report. 



513.12.1 Wiring. In addition to meeting the requirements 
of the New York City Electrical Code, all wiring, regardless 
of voltage, shall be fully enclosed within continuous race- 
ways. 

513.12.2 Activation. Smoke control systems shall be acti- 
vated in accordance with the New York City Building Code. 

513.12.3 Automatic control. Where completely automatic 
control is required or used, the automatic control sequences 
shall be initiated from an appropriately zoned automatic 
sprinkler system complying with Chapter 9 of the New York 
City Building Code or from manual controls that are readily 
accessible to the Fire Department, and any smoke detectors 
required by engineering analysis. 

513.13 Control-air tubing. Control-air tubing shall be of suf- 
ficient size to meet the required response times. Tubing shall be 
flushed clean and dry prior to final connections. Tubing shall 
be adequately supported and protected from damage. Tubing 
passing through concrete or masonry shall be sleeved and pro- 
tected from abrasion and electrolytic action. 

513.13.1 Materials. Control-air tubing shall be hard-drawn 
copper, Type L, ACR in accordance with ASTM B 42, 
ASTM B 43, ASTM B 68, ASTM B 88, ASTM B 251 and 
ASTM B 280. Fittings shall be wrought copper or brass, sol- 
der type in accordance with ASME B16.18 or ASME B 
1 6.22. Changes in direction shall be made with appropriate 
tool bends. Brass compression-type fittings shall be used at 
final connection to devices; other joints shall be brazed 
using a BCuP5 brazing alloy with solidus above 1,100°F 
(593°C) and liquids below 1,500°F (816°C). Brazing flux 
shall be used on copper-to-brass joints only. 

Exception: Nonmetallic tubing used within control pan- 
els and at the final connection to devices provided all of 
the following conditions are met: 

.1. Tubing shall be listed by an approved agency for 
flame and smoke characteristics. 

2. Tubing and connected device shall be completely 
enclosed within a galvanized or paint-grade steel 
enclosure of not less than 0.030 inch (0.76 mm) 
(No. 22 galvanized sheet Gage) thickness. Entry to 
the enclosure shall be by copper tubing with a pro- 
tective grommet of neoprene or teflon or by suit- 
able brass compression to male barbed adapter. 

3. Tubing shall be identified by appropriately docu- 
mented coding. 

4. Tubing shall be neatly tied and supported within 
the enclosure. Tubing bridging cabinets and doors 
or moveable devices shall be of sufficient length to 
avoid tension and excessive stress. Tubing shall be 
protected against abrasion. Tubing serving 
devices on doors shall be fastened along hinges. 

513.13.2 Isolation from other functions. Control tubing 
serving other than smoke control functions shall be isolated 
by automatic isolation valves or shall be an independent sys- 
tem. 



2008 NEW YORK CITY MECHANICAL CODE 



51 



EXHAUST SYSTEMS 



513.13.3 Testing. Test control-air tubing at three times the 
operating pressure for not less than 30 minutes without any 
noticeable loss in gauge pressure prior to final connection to 
devices. 

513.14 Marking and identification. The detection and con- 
trol systems shall be clearly marked at all junctions, accesses 
and terminations. 

513.15 Control diagrams. Identical control diagrams shall be 
provided and maintained as required by the New York City Fire 
Code. 

513.16 Fire fighter's smoke control panel. A fire fighters 
smoke control panel for Fire Department emergency response 
purposes only shall be provided in accordance with the New 
York City Fire Code. 

513.17 System response time. Smoke control system activa- 
tion shall comply with the New York City Fire Code. 

513.18 Acceptance testing. Devices, equipment, components 
and sequences shall be tested in accordance with the New York 
City Fire Code. 

513.19 System acceptance. Acceptance of the smoke control 
system shall be in accordance with the New York City Fire 
Code. 

513.20 Underground building smoke exhaust system. 

Where required by the New York City Building Code for under- 
ground buildings, a smoke exhaust system shall be provided in 
accordance with this section. 

513.20.1 Exhaust capability. Where compartmentation is 
required, each compartment shall have an independent 
smoke exhaust system capable of manual operation. The 
system shall have an air supply and smoke exhaust capabil- 
ity that will provide a minimum of six air changes per hour. 

513.20.2 Operation. The smoke exhaust system shall be 
operated in accordance with Section 909 of the New York 
City Building Code. 

513.20.3 Alarm required. Activation of the smoke exhaust 
system shall activate an audible alarm at a constantly 
attended location in accordance with the New York City Fire 
Code. 



3. Smoke control systems covered in Section 513. 

4. Commercial kitchen exhaust systems serving Type I. and 
Type II hoods covered in Section 506. 

5. Clothes dryer exhaust systems covered in Section 504. 

514.3 Access. A means of access shall be provided to the heat 
exchanger and other components of the system as required for 
service, maintenance, repair or replacement. 



SECTION MC 515 
POSTFIRE SMOKE PURGE SYSTEMS 

515.1 General. Postfire smoke purge systems shall be pro- 
vided as required by Chapter 9 of the New York City Building 
Code. 



SECTION MC 514 
ENERGY RECOVERY VENTILATION SYSTEMS 

514.1 General. Energy recovery ventilation systems shall be 
installed in accordance with this section. Where required for 
purposes of energy conservation, energy recovery ventilation 
systems shall also comply with the Energy Conservation Con- 
struction Code of New York State. 

514.2 Prohibited applications. Energy recovery ventilation 
systems shall not be used in the following systems, unless spe- 
cifically designed and/or listed for the specific applications and 
as part of an engineered system. 

1. Hazardous exhaust systems covered in Section 510. 

2. Dust, stock and refuse systems that convey explosive or 
flammable vapors, fumes or dust covered in Section 51 1. 



52 



2008 NEW YORK CITY MECHANICAL CODE 



CHAPTER 6 

DUCT SYSTEMS 



SECTION MC 601 
GENERAL 

601.1 Scope. Duct systems used for the movement of air in 
air-conditioning, heating, ventilating and exhaust systems shall 
conform to the provisions of this chapter except as otherwise 
specified in Chapters 5 and 7. 

Exception: Ducts discharging combustible material 
directly into any combustion chamber shall conform to the 
requirements of NFPA 82. 

601.2 Air movement in corridors. Corridors shall not be used 
as a portion of direct supply, return, or exhaust air system serv- 
ing adjoining areas. Air transfer opening(s) shall not be permit- 
ted in walls or in doors separating public corridors from 
adjoining areas. 

Exceptions: 

1. Where located within dwelling units, the use of corri- 
dors for conveying return air shall not be prohibited. 

2. Where located within tenant spaces of 1,000 square 
feet (93 m 2 ) or less in area, utilization of corridors for 
conveying return air is permitted. 

3. Corridors in Group B office buildings equipped 
throughout with an automatic sprinkler system in 
accordance with Section 903.3.1.1 of the New York 
City Building Code. 

4. Air transfer openings serving toilet rooms, bath- 
rooms, shower rooms, sink closets, and similar auxil- 
iary spaces opening onto the public corridor. 

5. Group 1-3 detention and correctional occupancies 
with corridor separations of open construction (e.g., 
grating doors or grating partitions). 

6. Air transfer in openings because of pressure differen- 
tial in Group 1-2 health care occupancies from corri- 
dors is permitted. 

7. Where door clearances do not exceed those specified 
for fire doors in the New York City Building Code, air 
transfer caused by pressure differentials shall be per- 
mitted. 

8. Use of egress corridors as part of an engineered 
smoke control system is permitted. 

601.2.1 Corridor ceiling. Use of the space between the cor- 
ridor ceiling and the floor or roof structure above as a return 
air plenum is permitted for one or more of the following 
conditions: 

1. The corridor is not required to be of fire-resis- 
tance-rated construction; 

2, The corridor is separated from the plenum by 
fire-resistance-rated construction; 



3. The air-handling system serving the corridor is shut 
down upon activation of the air-handling unit smoke 
detectors required by this code; 

4. The air-handling system serving the corridor is shut 
down upon detection of sprinkler waterflow where 
the building is equipped throughout with an auto- 
matic sprinkler system; or 

5. The space between the corridor ceiling and the floor 
or roof structure above the corridor is used as a com- 
ponent of an approved engineered smoke control sys- 
tem. 

601.3 Contamination prevention. Exhaust ducts under posi- 
tive pressure, chimneys, and vents shall not extend into or pass 
through ducts or plenums. 



SECTION MC 602 
PLENUMS 

602.1 General. Supply, return, exhaust, relief and ventilation 
air plenums shall be limited to uninhabited crawl spaces, areas 
above a finished ceiling or below the finished floor, attic spaces 
and mechanical equipment rooms. Plenums shall be limited to 
one fire area. Fuel-fired appliances shall not be installed within 
a plenum. 

602.2 Construction. Plenum enclosures shall be constructed 
of materials permitted for the type of construction classifica- 
tion of the building. The temperature of air delivered to or 
through these plenums shall not exceed 250°F (121°C), except 
where used as part of an engineered smoke control system. 

The use of gypsum boards to form plenums shall be limited 
to systems where the air temperatures do not exceed 125°F 
(52°C) and the building and mechanical system design condi- 
tions are such that the gypsum board surface temperature will 
be maintained above the air stream dew-point temperature. Air 
plenums formed by gypsum boards shall not be incorporated in 
air-handling systems utilizing evaporative coolers. 

602.2.1 Materials exposed within plenums. Except as 
required by Sections 602.2.1.1 through 602.2.1 .5, materials 
exposed within plenums shall be noncombustible or shall 
have a flame spread index of not more than 25 and a 
smoke-developed index of not more than 50 when tested in 
accordance with ASTM E 84. 

Exceptions: 

1. Rigid and flexible ducts and connectors shall con- 
form to Section 603. 

2. Duct coverings, linings, tape and connectors shall 
conform to Sections 603 and 604. 

3. This section shall not apply to materials exposed 
within plenums in one- and two-family dwellings. 

4. This section shall not apply to smoke detectors. 



2008 NEW YORK CITY MECHANICAL CODE 



53 



DUCT SYSTEMS 



5. Combustible materials enclosed in approved gyp- 
sum board assemblies or enclosed in materials 
listed and labeled for such application. 

602.2.1.1 Wiring. Combustible electrical or electronic 
wiring methods and materials, optical fiber cable, and 
optical fiber raceway exposed within a plenum shall have 
a peak optical density not greater than 0.50, an average 
optical density not greater than 0.15, and a flame spread 
not greater than 5 feet (1524 mm) when tested in accor- 
dance with NFPA 262. Only type OFNP (plenum rated 
nonconductive optical fiber cable) shall be installed in 
plenum-rated optical fiber raceways. Wiring, cable, and 
raceways addressed in this section shall be listed and 
labeled as plenum rated and shall be installed in accor- 
dance with New York City Electrical Code. 

602.2.1.2 Fire sprinkler piping. Plastic fire sprinkler 
piping exposed within a plenum shall be used only in wet 
pipe systems and shall have a peak optical density not 
greater than 0.50, an average optical density not greater 
than 0.15, and a flame spread of not greater than 5 feet 
(1524 mm) when tested in accordance with UL 1887. 
Piping shall be listed and labeled. 

602.2.1.3 Pneumatic tubing. Combustible pneumatic 
tubing exposed within a plenum shall have a peak optical 
density not greater than 0.50, an average optical density 
not greater than 0. 15, and a flame spread of not greater 
than 5 feet (1524 mm) when tested in accordance with 
UL 1820. Combustible pneumatic tubing shall be listed 
and labeled. 

602.2.1 .4 Combustible electrical equipment. Combus- 
tible electrical equipment exposed within a plenum shall 
have a peak rate of heat release not greater than 1 00 kilo- 
watts, a peak optical density not greater than 0.50 and an 
average optical density not greater than 0.15 when tested 
in accordance with UL 2043. Combustible electrical 
equipment shall be listed and labeled. 

602.2.1.5 Foam plastic insulation. Foam plastic insula- 
tion used as wall or ceiling finish in plenums shall exhibit 
a flame spread index of 75 or less and a smoke developed 
index of 450 or less when tested in accordance with 
ASTM E 84 and shall also comply with Section 
602.2.1.5.1, 602.2.1.5.2 or 602.2.1.5.3. 

602.2.1.5.1 Separation required. The foam plastic 
insulation shall be separated from the plenum by a 
thermal barrier complying with Section 2603.4 of the 
New York City Building Code. 

602.2.1.5.2 Approval. The foam plastic insulation 
shall be approved based on tests conducted in accor- 
dance with Section 2603.8 of the New York City 
Building Code. 

602.2.1.5.3 Covering. The foam plastic insulation 
shall be covered by corrosion-resistant steel having a 
base metal thickness of not less than 0.0160 inch (0.4 
mm). 



602.3 Stud cavity and joist space plenums. Stud wall cavities 
and the spaces between solid floor joists to be utilized as air ple- 
nums shall comply with the following conditions: 

1. Such cavities or spaces shall not be utilized as a plenum 
for supply air. 

2. Such cavities or spaces shall not be part of a required 
fire-resistance-rated assembly. 

3. Stud wall cavities shall not convey air from more than 
one floor level. 

4. Stud wall cavities and joist space plenums shall comply 
with the floor penetration protection requirements of the 
New York City Building Code. 

5. Stud wall cavities and joist space plenums shall be iso- 
lated from adjacent concealed spaces by approved 
fireblocking as required in the New York City Building 
Code. 

602 .4 Flood hazard. For structures located in areas of special 
flood hazard, plenum spaces shall comply with Appendix G of 
the New York City Building Code. 

602.5 Firestopping, Where required by the New York City 
Building Code through penetrations shall be firestopped in 
accordance with Section 712 of the New York City Building 
Code. 

602.6 Materials. Materials used in the construction of a ple- 
num shall be suitable for continuous exposure to the tempera- 
ture and humidity conditions of the environmental air in the 
plenum. 



SECTION MC 603 
DUCT CONSTRUCTION AND INSTALLATION 

603.1 General. An air distribution system shall be designed 
and installed to supply the required distribution of air. The 
installation of an air distribution system shall not affect the fire 
protection requirements specified in the New York City Build- 
ing Code. Ducts shall be constructed, braced, reinforced and 
installed to provide structural strength and durability. 

603.2 Duct sizing. Ducts installed within a single dwelling unit 
shall be sized in accordance with ACCA Manual D or other 
approved methods. Ducts installed within all other buildings 
shall be sized in accordance with the ASHRAE Handbook of 
Fundamentals or other equivalent computation procedure. 

603.3 Duct classification. Ducts shall be classified based on 
the maximum operating pressure of the duct at pressures of 
positive or negative 0.5, 1.0, 2.0, 3.0, 4.0, 6.0 or 10.0 inches of 
water column. The pressure classification of ducts shall equal 
or exceed the design pressure of the air distribution in which 
the ducts are utilized. 

603.4 Metallic ducts. All metallic ducts shall be constructed as 
specified in the SMACNA BV AC Duct Construction Standards 
— Metal and Flexible. 

Exception: Ducts installed within single dwelling units 
shall have a minimum thickness as specified in Table 603.4. 



54 



2008 NEW YORK CITY MECHANICAL CODE 



DUCT SYSTEMS 



TABLE 603.4 

DUCT CONSTRUCTION MINIMUM SHEET METAL THICKNESSES 

FOR SINGLE DWELLING UNITS 



DUCT SIZE 


GALVANIZED 


APPROXIMATE 
ALUMINUM 
B&SGAGE 


Minimum 
thickness 
(inches) 


Equivalent 

Galvanized 

Gage No. 


Round ducts and enclosed 
Rectangular ducts 

14" or less 
Over 14" 


0.013 
0.016 


30 

28 


26 
24 


Exposed rectangular ducts 
14" or less 
Over 14" 


0.016 
0.019 


28 
26 


24 
22 



For SI: 1 inch = 25.4 mm. 

603.5 Nonmetallic ducts. Nonmetallic ducts shall be con- 
structed with Class or Class 1 duct material in accordance 
with UL 181. Fibrous duct construction shall conform to the 
SMACNA Fibrous Glass Duct Construction Standards or 
NA1MA Fibrous Glass Duct Construction Standards. The 
maximum air temperature within nonmetallic ducts shall not 
exceed 250°F(121°C). 

603.6 Air ducts and air connectors. Air ducts, both metallic 
and nonmetallic, shall comply with Sections 603.6.1 and 
603.6.1. 1. Air connectors, both metallic and nonmetallic, shall 
comply with Sections 606.6.2 and 603.6.3. 

603.6.1 Air ducts. Air ducts shall be permitted to be rigid or 
flexible and shall be constructed of materials that are rein- 
forced and sealed to satisfy the requirements for the use of 
the air duct system, such as the supply air system, the return 
or exhaust air system, and the variable volume/pressure air 
system. 

603.6.1.1 Materials. All air duct materials shall be suit- 
able for continuous exposure to the temperature and 
humidity conditions of the environmental air in the air 
duct. Air ducts shall be constructed of any of the follow- 
ing materials: 

1. Iron, steel, aluminum, copper, concrete, masonry 
or clay tile. 

2. Class or Class 1 rigid or flexible air ducts tested 
in accordance with UL 1 8 1 and installed in confor- 
mance with the conditions of the listing. 

Exceptions: 

1. Class or Class 1 rigid or flexible air duct 
shall not be used as a vertical air duct that 
is more than two stories in height. 

2. Class or Class 1 rigid or flexible air 
ducts shall not be used for air ducts con- 
taining air at temperatures in excess of 
250°F(121°C).' 

3. Where the temperature of the conveyed 
air does not exceed 125°F (52°C) in nor- 
mal service, negative pressure exhaust or 
return air ducts shall be permitted to be 
constructed of gypsum board having a 
maximum flame spread index/rating of 



25 without evidence of continued pro- 
gressive combustion and a maximum 
smoke developed index/rating of 50. Air 
ducts formed by gypsum boards shall 
have a surface temperature maintained 
above the air stream dew-point tempera- 
ture, and shall not be used in air-handling 
systems utilizing evaporative coolers. 

Exception: The maximum conveyed 
air temperature of 125°F (52°C) shall 
not apply to gypsum board material 
used for emergency smoke exhaust air 
ducts. 

603.6.1.2 Installation. The materials, thickness, con- 
struction, and installation of ducts shall provide struc- 
tural strength and durability in conformance with 
recognized good practice. Air ducts shall be considered 
to be in compliance with this requirement where con- 
structed and installed in accordance with the New York 
City Building Code. Where no standard exists for the 
construction of air ducts, they shall be constructed to 
withstand both the positive and negative pressures of the 
system. 

603.6.2 Air connectors. Air connectors are limited-use, 
flexible air ducts that are required to conform to other provi- 
sions applicable to air ducts and shall meet the following 
requirements: 

1. Air connectors shall conform to the requirements for 
Class or Class 1 connectors when tested and 
approved in accordance with UL 181. 

2. Class or Class 1 air connectors shall not be used for 
ducts containing air at temperatures in excess of 
250°F(121°C). 

3. Air connector runs shall not exceed 14 feet (4267 
mm) in length. 

4. Air connectors shall not penetrate any rated wall, par- 
tition, or shaft that is required to have a fire- resistance 
rating of 1 hour or more. 

5. Air connectors shall not pass through floors. 

603.6.3 Flexible air duct and air connector clearance. 

Flexible air ducts and air connectors shall be installed with a 
minimum clearance to an appliance as specified in the appli- 
ance manufacturer's installation instructions. 

603.7 Rigid duct penetrations. Duct system penetrations of 
walls, floors, ceilings and roofs and air transfer openings in 
such building components shall be protected as required by 
Section 607. 

603.8 Underground ducts. Ducts shall be approved for under- 
ground installation. Metallic ducts not having an approved pro- 
tective coating shall be completely encased in a minimum of 2 
inches (51 mm) of concrete. 

603.8.1 Slope. Ducts shall slope to allow drainage to a point 
provided with access. 

603.8.2 Sealing. Ducts shall be sealed and secured prior to 
pouring the concrete encasement. 



2008 NEW YORK CITY MECHANICAL CODE 



55 



DUCT SYSTEMS 



603.8.3 Plastic ducts and fittings. Plastic ducts shall be 
constructed of PVC having a minimum pipe stiffness of 8 
psi (55 kPa) at 5-percent deflection when tested in accor- 
dance with ASTM D 2412. Plastic duct fittings shall be con- 
structed of either PVC or high-density polyethylene. Plastic 
duct and fittings shall be utilized in underground installa- 
tions only. The maximum design temperature for systems 
utilizing plastic duct and fittings shall be 150°F (66°C). 

603.9 Joints, seams and connections. All longitudinal and 
transverse joints, seams and connections in metallic and non- 
metallic ducts shall be constructed as specified in SMACNA 
HVAC Duct Construction Standards — Metal and Flexible and 
SMACNA Fibrous Glass Duct Construction Standards or 
NAIMA Fibrous Glass Duct Construction Standards. All lon- 
gitudinal and transverse joints, seams and connections shall be 
sealed in accordance with the, Energy Conservation Construc- 
tion Code of New York State. 

603.10 Supports. Ducts shall be supported with approved 
hangers at intervals not exceeding 10 feet (3048 mm) or by 
other approved duct support systems designed in accordance 
with the New York City Building Code. Flexible and other fac- 
tory-made ducts shall be supported in accordance with the 
manufacturer's installation instructions. Ducts shall not be 
hung from or supported by suspended ceilings. 

603.11 Furnace connections. Ducts connecting to a furnace 
shall have a clearance to combustibles in accordance with the 
furnace manufacturer's installation instructions. 

603.11.1 Air duct at heat sources. Where heat sources 
from electrical equipment, fossil fuel-burning equipment, 
or solar energy collection equipment are installed in air 
ducts, the installation shall avoid the creation of a fire haz- 
ard. Air ducts rated as Class 1 in accordance with UL 181, 
air duct coverings, and linings shall be interrupted at the 
immediate area of operation of such heat sources in order to 
meet the clearances specified in the equipment listing. 

Exceptions: 

1 . Appliances listed for zero clearance from combus- 
tibles where installed with the conditions of their 
listings. 

2. Insulation specifically suitable for the maximum 
temperature that reasonably can be anticipated on 
the duct surface shall be permitted to be installed at 
the immediate area of operation of such appli- 
ances. 

603.12 Condensation. Provisions shall be made to prevent the 
formation of condensation on the exterior of any duct. 

1603.13 Flood hazard areas. For structures in areas of special 
flood hazard, ducts shall comply with Appendix G of the New 
York City Building Code. 

603.14 Location. Ducts shall not be installed in or within 4 
inches (.1 02 mm) of the earth, except where such ducts comply 

I with Section 603.8. 

603.15 Mechanical protection. Ducts installed in locations 
where they are exposed to mechanical damage by vehicles or 

I from other causes shall be protected by approved vehicle barri- 
ers as required by the New York City Building Code. 



603.16 Weather protection. All ducts including linings, cov- 
erings and vibration isolation connectors installed on the exte- 
rior of the building shall be adequately protected against the 
elements. 

603.17 Registers, grilles and diffusers. Duct registers, grilles 
and diffusers shall be installed in accordance with the manufac- 
turer's installation instructions. Balancing dampers or other 
means of supply air adjustment shall be provided in the branch 
ducts or at each individual duct register, grille or diffuser. 

603.17.1 Floor registers. Floor registers shall resist, with- 
out structural failure, a 200-pound (90.8 kg) concentrated 
load on a 2-inch-diameter (51 mm) disc applied to the most 
critical area of the exposed face. 

603.18 Vibration isolation connectors. Vibration isolation 
connectors in duct systems shall be made of an approved 
flame-retardant fabric or shall consist of sleeve joints with 
packing of approved material, each having a maximum flame 
spread index/rating of 25 and a maximum smoke-developed 
rating of 50. The fabric shall have a maximum length of 10 
inches (254 mm) in the direction of airflow. 



SECTION MC 604 
INSULATION 

604.1 General. Duct insulation shall conform to the require- 
ments of Sections 604.2 through 604.13 and the Energy Con- 
servation Construction Code of New York State. I 

604.2 Surface temperature. Ducts that operate at tempera- 
tures exceeding 120°F (49°C) shall have sufficient thermal 
insulation to limit the exposed surface temperature to 120°F 
(49°C). 

604.3 Coverings and linings. Coverings and linings, includ- 
ing adhesives when used, shall have a flame spread index not 
more than 25 and a smoke-developed index not more than 50, 
when tested in accordance with ASTM E 84. Duct coverings 
and linings shall not flame, glow, smolder or smoke when 
tested in accordance with ASTM C 411 at the temperature to 
which they are exposed in service. The test temperature shall 
not fall below 250°F (121 °C). 

604.4 Foam plastic insulation. Foam plastic used as duct cov- 
erings and linings shall conform to the requirements of Section 
604. 

604.5 Appliance insulation. Listed and labeled appliances 
that are internally insulated shall be considered as conforming 
to the requirements of Section 604. 

604.6 Penetration of assemblies. Duct coverings shall not 
penetrate a wall or floor required to have a fire-resistance rating 
or required to be fireblocked. 

604.7 Identification. External duct insulation and fac- 
tory-insulated flexible duct shall be legibly printed or identi- 
fied at intervals not greater than 36 inches (914 mm) with the 
name of the manufacturer, the thermal resistance /?- value at the 
specified installed thickness and the flame spread and 
smoke-developed indexes of the composite materials. All duct 
insulation products-values shall be based on insulation only, 
excluding air films, vapor retarders or other duct components, 



56 



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and shall be based on tested C-values at 75 °F (24°C) mean tem- 
perature at the installed thickness, in accordance with recog- 
nized industry procedures. The installed thickness of duct 
insulation used to determine its ^-values shall be determined as 
follows: 

1 . For duct board, duct liner and factory-made rigid ducts 
not normally subjected to compression, the nominal 
insulation thickness shall be used. 

2. For duct wrap, the installed thickness shall be assumed to 
be 75 percent (25-percent compression) of nominal 
thickness. 

3. For factory-made flexible air ducts, the installed thick- 
ness shall be determined by dividing the difference 
between the actual outside diameter and nominal inside 
diameter by two. 

604.8 Lining installation. Linings shall be interrupted ai the 
area of operation of a fire damper and at a minimum of 6 inches 
(1 52 mm) upstream of and 6 inches (152 mm) downstream of 
electric-resistance and fuel-burning heaters in a duct system. 
Metal nosings or sleeves shall be installed over exposed duct 
liner edges that face opposite the direction of airflow. 

604.9 Thermal continuity. Where a duct liner has been inter- 
rupted, a duct covering of equal thermal performance shall be 
installed. 

604.10 Service openings. Service openings shall not be con- 
cealed by duct coverings unless the exact location of the open- 
ing is properly identified. 

604.11 Vapor retarders. Where ducts used for cooling are 
externally insulated, the insulation shall be covered with a 
vapor retarder having a maximum permeance of 0.05 perm 
[2.87 ng/(Pa • s • m 2 )] or aluminum foil having a minimum 
thickness of 2 mils (0.051 mm). Insulations having a 
permeance of 0.05 perm [2.87 ng/(P • s • m 2 )] or less shall not 
be required to be covered. AH joints and seams shall be sealed 
to maintain the continuity of the vapor retarder. 

604.12 Weatherproof barriers. Insulated exterior ducts shall 
be protected with an approved weatherproof barrier. 

604.13 Internal insulation. Materials used as internal insula- 
tion and exposed to the airstream in ducts shall be shown to be 
durable when tested in accordance with UL 181. Exposed 
internal insulation that is not impermeable to water shall not be 
used to line ducts or plenums from the exit of a cooling coil to 
the downstream end of the drain pan. 

I SECTION MC 605 

AIR FILTERS 

605.1 General. Heating and air-conditioning systems of the 
central type shall be provided with approved air filters. Filters 
shall be installed in the return air system, upstream from any 
heat exchanger or coil, in an approved convenient location. 
Liquid adhesive coatings used on filters shall have a flash point 
not lower than 325°F (163°C). 

I 605.2 Standards. Media-type and electrostatic-type air filters 
shall be listed and labeled. Media-type air filters shall comply 
with UL 900. High-efficiency particulate air filters shall com- 



ply with UL 586. Electrostatic-type air filters shall comply with 
UL 867. Air filters utilized within dwelling units shall be 
designed for the intended application and shall not be required 
to be listed and labeled. 

605.3 Airflow over the filter. Ducts shall be constructed to 
allow an even distribution of air over the entire filter. 

605.4 Liquid adhesive tanks. Tanks for liquid adhesives, into 
which removable filters are dipped, shall be located either out- 
side the building or, if such a location is not available, in a sepa- 
rate fire-resistive room and stored in accordance with NFPA 
30. Such tanks shall be metal, equipped with light-fitting cov- 
ers and shall be kept tightly covered when not in actual use. 

605.5 Filter maintenance. AH air filters shall be kept free of 
excess dust and combustible material. Unit filters shall be 
renewed or cleaned when the resistance to airflow has 
increased to two times the original resistance or when the resis- 
tance has reached a value of recommended replacement by the 
manufacturer. A permanently installed draft gauge shall be 
provided for this purpose. Where the filters are of the automatic 
liquid adhesive type, sludge shall be removed from the liquid 
adhesive reservoir regularly. 



SECTION MC 606 I 

SMOKE DETECTION SYSTEMS CONTROL 

606.1 Controls required. Air distribution systems shall be 
equipped with smoke detectors listed and labeled for installa- 
tion in air distribution systems, as required by this section. 

606.2 Where required. Smoke detectors shall be installed 
where indicated in Sections 606.2.1 through 606.2.4. I 

Exception: Smoke detectors shall not be required where air 
distribution systems are incapable of spreading smoke 
beyond the enclosing walls, floors and ceilings of the room 
or space in which the smoke is generated. 

606.2.1 Return air systems. Smoke detectors shall be 
installed in return air systems with a design capacity greater 
than 2,000 cfm (0.9 m 3 /s), in the return air duct or plenum 
upstream of any filters, exhaust air connections, outdoor air 
connections, or decontamination equipment and appli- 
ances. 

Exception: Smoke detectors are not required in the 
return air system where all portions of the building 
served by the air distribution system are protected by 
area smoke detectors connected to a fire alarm system in 
accordance with the New York City Fire Code. The area I 
smoke detection system shall comply with Section 
606.4. 

606.2.2 Common supply and return air systems. Where 
multiple air-handling systems share common supply or 
return air ducts or plenums with a combined design capacity 
greater than 2,000 cfm (0.9 mVs), the return air system shall 
be provided with smoke detectors in accordance with Sec- 
tion 606.2.1. 

Exception: Individual smoke detectors shall not be 
required for each fan-powered terminal unit, provided 
that such units do not have an individual design capacity 



2008 NEW YORK CITY MECHANICAL CODE 



57 



DUCT SYSTEMS 



greater than 2,000 cfm (0.9 m 3 /s) and will be shut down 
by activation of one of the following: 

1 . Smoke detectors required by Sections 606.2. 1 and 
606.2.3. 

2. An approved area smoke detector system located 
in the return air plenum serving such units. 

3. An area smoke detector system as prescribed in the 
exception to Section 606.2.1. 

In all cases, the smoke detectors shall comply with Sec- 
tions 606.4 and 606.4.1. 

606.2.3 Return air risers. Where return air risers serve two 
or more stories and serve any portion of a return air system 
having a design capacity greater than 15,000 cfm (7.1 m 3 /s), 
smoke detectors shall be installed at each story. Such smoke 
detectors shall be located up stream of the connection 
between the return air riser and any air ducts or plenums. 

606.2.4 Supply air systems. Smoke detectors listed for use 
in air distribution systems shall be installed downstream of 
the air filters and ahead of any branch connections in air sup- 
ply systems having a capacity greater than 2,000 cfm (0.9 

m-Vs). 

606.3 Installation. Smoke detectors required by this section 
shall be installed in accordance with the New York City Electri- 
cal Code. The required smoke detectors shall be installed to 
monitor the entire airflow conveyed by the system including 
supply air, return air and exhaust or relief air. Access shall be 
provided to smoke detectors for inspection and maintenance. 

606.4 Controls operation. Upon activation, the smoke detec- 
tors shall automatically shut down their respective air distribu- 
tion sy stem(s). Air distribution systems that are part of a smoke 
control system shall switch to the smoke control mode upon 
activation of a detector. 

606.4.1 Supervision. The duct smoke detectors shall be 
connected to a fire alarm system. The actuation of a duct 
smoke detector shall activate a visible and audible supervi- 
sory signal at a constantly attended location. 

Exceptions: 

1. The supervisory signal at a constantly attended 
location is not required where the duct smoke 
detector activates the building's alarm-indicating 
appliances. 

2. In occupancies not required to be equipped with a 
fire alarm system, actuation of either area or duct 
smoke detector shall activate a visible and an audi- 
ble signal in an approved location. Additionally, 
duct smoke detector trouble conditions shall acti- 
vate a visible or audible signal in an approved loca- 
tion and shall be identified as air duct detector 
trouble. 

606.4.2 Fan shutdown. When any building or floor is pro- 
vided with an air system utilizing recirculated air and is pro- 
tected by an automatic sprinkler system or an automatic fire 
alarm system, provisions shall be made to automatically 
stop the fans serving the affected area when the sprinkler 
system or fire alarm system are installed in the area, it shall 



be required to have only one of these systems arranged to 
stop the fans. 

Exceptions: 

1. Activation of a manual pull station shall not be 
required to automatically stop the fans. 

2. Systems having a capacity of 2,000 cfm (0.2 m-Ys) 
or less or serving not more than one floor. 

606.4.3 Manual restart of fans after automatic fire 
detecting device or fire alarm system shut down. Fans or 
fan systems which have been automatically shut down on 
activation of an automatic fire detecting device or fire alarm 
system shall be arranged and equipped so that they do not 
automatically restart when either the automatic fire detect- 
ing device or fire alarm system is reset. The manual means 
of restarting the fans or fan system shall function independ- 
ently from the manual resetting of either the automatic fire 
detecting device or fire alarm system. 



SECTION MC 607 
DUCTS AND AIR TRANSFER OPENINGS 

607.1 General. The provisions of this section shall govern the 
protection of duct penetrations and air transfer openings in 
fire-resistance-rated assemblies. 

607.1.1 Ducts and air transfer openings without damp- 
ers. Ducts and air transfer openings that penetrate fire-resis- 
tance-rated assemblies and are not required to have dampers 
by this section shall comply with the requirements of Sec- 
tion 712 of the New York City Building Code. 

607.2 Installation. Fire dampers, smoke dampers, combina- 
tion fire/smoke dampers and ceiling dampers located within air 
distribution and smoke control systems shall be installed in 
accordance with the requirements of this section, and the man- 
ufacturer's installation instructions and listing. 

607.2.1 Smoke control system. Where the installation of a 
fire damper will interfere with the operation of a required 
smoke control system in accordance with Section 513, 
approved alternative protection shall be utilized. 

607.2.1.1 Remote operation. Combination fire and 
smoke dampers shall be operable by remote controls 
where necessary for smoke removal. Such dampers shall 
have provisions that allow them to reclose automatically 
upon reaching the damper's maximum degradation test 
temperature in accordance with UL 555S. 

607.2.2 Hazardous exhaust ducts. Fire dampers for haz- 
ardous exhaust duct systems shall comply with Section 5 1 0. 

607.2.3 Supply air systems. Smoke dampers listed for use 
in air distribution systems shall be installed both upstream 
and downstream of filters and ahead of any branch connec- 
tions in supply air-handling apparatus and systems having a 
capacity equal to or greater than 15,000 cfm (7.1 m 3 /s). 

Exceptions: 

1. Where the air-handling unit is located on the floor 
that it serves and serves only that floor. 



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DUCT SYSTEMS 



2. Where the air-handling unit is located on the roof 
and serves only the floor immediately below the 
roof. 

3. Existing buildings using only UL 90D Class 1 fil- 
ters shall be exempt from this subdivision pro- 
vided the control system is arranged to shut down 
the fresh air intake, return air, and exhaust air 
dampers, and fan shutdown and smoke detection is 
provided in accordance with Section 606. 

607.3 Damper testing and ratings. Dampers shall be listed 
and bear the label of an approved testing agency indicating 
compliance with the standards in this section. Fire dampers 
shall comply with the requirements of UL 555. Only fire damp- 
ers labeled for use in dynamic systems shall be installed in 
heating, ventilation and air-conditioning systems designed to 
operate with fans on during a fire. Smoke dampers shall com- 
ply with the requirements of UL 555S. Combination 
fire/smoke dampers shall comply with the requirements of both 
UL 555 and UL 555S. Ceiling radiation dampers shall comply 
with the requirements of UL 555C. 

6073.1 Fire protection rating. Fire dampers shall have the 
minimum fire protection rating specified in Table 607.3.1 
for the type of penetration. 

TABLE 607.3.1 
FIRE DAMPER RATING 



smoke detector or detectors installed in accordance with 
Section 606 of this code and Sections 907. 1 and 907.1 1 I 
of the New York City Building Code and one of the fol- | 
lowing methods, as applicable: 



TYPE OF PENETRATION 


MINIMUM DAMPER RATING 
(hour) 


Less than 3-hour fire-resistance-rated 
assemblies 


1V 2 


3-hour or greater fire-resistance-rated 
assemblies 


3 



607.3.1.1 Fire damper actuating device. The fire 
damper actuating device shall meet one of the following 
requirements: 

L The operating temperature shall be approximately 
50°F (27.8°C) above the normal temperature 
within the duct system, but not less than 160°F 

(71°C). 

2. The operating temperature shall be not more than 
286°F (141°C) where located in a smoke control 
system complying with Section 513. 

3. Where a combination fire/smoke damper is 
located in a smoke control system complying with 
Section 5 13, the operating temperature rating shall 
be approximately 50°F (27.8°C) above the maxi- 
mum smoke control system designed operating 
temperature, or a maximum temperature of 350°F 
(177°C). The temperature shall not exceed the UL 
555S degradation test temperature rating for a 
combination fire/smoke damper. 

607.3.2 Smoke damper ratings. Smoke damper leakage 
ratings shall not be less than Class II. Elevated temperature 
ratings shall be not less than 250°F (121°C). 

607.3.2.1 Smoke damper actuation methods. The 

smoke damper shall close upon actuation of a listed 



1 . Where a damper is installed within a duct, a smoke 
detector shall be installed in the duct within 5 feet 
(1524 mm) of the damper with no air outlets or 
inlets between the detector and the clamper. The 
detector shall be listed for the air velocity, temper- 
ature and humidity anticipated at the point where it 
is installed. Other than in mechanical smoke con- 
trol systems, dampers shall be closed upon fan 
shutdown where local smoke detectors require a 
minimum velocity to operate. 

2. Where a damper is installed above smoke barrier 
doors in a smoke barrier, a spot-type detector listed 
for releasing service shall be installed on either 
side of the smoke barrier door opening. 

3. Where a damper is installed within an unducted 
opening in a wall, a spot-type detector listed for 
releasing service shall be installed within 5 feet 
(1524 mm) horizontally of the damper. 

4. Where a damper is installed in a corridor wall, the 
damper shall be permitted to be controlled by a 
smoke detection system installed in the corridor. 

5. Where a total-coverage smoke detector system is 
provided within areas served by an HVAC system, 
dampers shall be permitted to be controlled by the 
smoke detection system. 

6. Smoke dampers that are part of an engineered 
smoke control system shall be capable of being 
positioned manually from a command station. 
Such positioning devices shall be provided for 
supply and return/exhaust dampers grouped by 
floor and by type. Damper switch positions shall 
indicate whether the related dampers are com- 
manded to be either open or closed. Smoke damper 
positioning switches shall be located at the Fire 
Command Station, or in a Mechanical Control 
Center in buildings without a Fire Command Sta- 
tion. 

607.4 Access and identitication. Fire and smoke dampers 
shall be provided with an approved means of access, large 
enough to permit inspection and maintenance of the damper 
and its operating parts. The access shall not affect the integrity 
of fire-resistance-rated assemblies. The access openings shall 
not reduce the fire-resistance rating of the assembly. Access 
points shall be permanently identified on the exterior by a label 
having letters not less than 0.5 inch (12.7 mm) in height read- 
ing: SMOKE DAMPER or FIRE DAMPER, followed by an 
identification marking that is unique to the damper accessed. 
Access doors in ducts shall be tight fitting and suitable for the 
required duct construction. 

607.5 Where required. Fire dampers, smoke dampers, combi- 
nation fire/smoke dampers and ceiling radiation dampers shall 
be provided at the locations prescribed in this section. Where 



2008 NEW YORK CITY MECHANICAL CODE 



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an assembly is required to have both fire dampers and smoke 
dampers, combination fire/smoke dampers or a fire damper 
and a smoke damper shall be required. 

Exceptions: 

1. Smoke dampers shall not be required on air systems 
other than where necessary for the proper function of 
that system where the system is designed specifically 
to: 

1.1. Function as an engineered smoke control sys- 
tem, including the provision of continuous air 
movement with the air-handling system; or 

1 .2. Provide air to other areas of the building dur- 
ing a fire emergency; or 

1.3. Provide pressure differentials during a fire 
emergency. 

2. Smoke dampers shall not be required to be located 
within a prescribed distance of a fire-rated enclosure 
where isolation smoke dampers are used in air-han- 
dling equipment (refer to Section 607.2.3). 

3. Smoke dampers shall not be required in ducts where 
the air continues to move and the air-handling system 
installed is arranged to prevent recirculation of 
exhaust or return air under fire emergency conditions. 

607.5.1 Fire walls. Ducts and air transfer openings permit- 
ted in firewalls in accordance with Section 705.11 of the 
New York City Building Code shall be protected with 
approved fire dampers and smoke dampers installed in 
accordance with their listing. 

607.5.2 Fire barriers. Duct penetrations and air transfer 
openings in fire barriers shall be protected with approved 
fire dampers installed in accordance with their listing. In 
addition, smoke dampers shall be installed in penetrations 
of public corridor walls in accordance with Section 
607.5.2.1. 

Exceptions: Fire dampers are not required at penetra- 
tions of fire barriers where any of the following apply: 

1. Penetrations are tested in accordance with ASTM 
E 1 19 as part of the fire- resistance-rated assembly. 

2. Where permitted under Section 513 and ducts are 
part of an engineered smoke control system. 

3. Such walls are penetrated by ducted HVAC sys- 
tems, have a required fire resistance rating of 1 
hour or less, are in areas of other than Group H and 
are in buildings equipped throughout with an auto- 
matic sprinkler system in accordance with Section 
903.3.1. 1 or 903.3.1.2 of the New York City Build- 
ing Code. For the purposes of this exception, a 
ducted HVAC system shall be a duct system for 
the structure's HVAC system. Such a duct system 
shall be constructed of sheet metal not less than 
26-Gage (0.0217-inch) [0.55-mm] thickness and 
shall be continuous from the air-handling appli- 
ance or equipment to the air outlet and inlet termi- 
nals. 



607.5.2.1 Public corridors. A listed smoke damper 
designed to resist the passage of smoke shall be provided 
at each point a duct or air transfer opening penetrates a 
public corridor wall constructed as a fire barrier. 

Exceptions: 

1. Smoke dampers are not required where the 
building is equipped throughout with an 
approved smoke control system in accordance 
with Section 909, and smoke dampers are not 
necessary for the operation and control of the 
system. 

2. Smoke dampers are not required in corridor 
penetrations where the duct is constructed of 
steel not less than 0.019-inch (0.48 mm) in 
thickness and there are no openings serving the 
corridor. 

3. Smoke dampers are not required in corridor 
penetrations in Group R-2 buildings and 
spaces. 

607.5.3 Fire partitions. Duct penetrations in fire partitions 
shall be protected with approved fire dampers installed in 
accordance with their listing. 

Exceptions: In occupancies other than Group H, fire 
dampers are not required where any of the following 
apply: 

1. The partitions are tenant separation and corridor 
walls in buildings equipped throughout with an 
automatic sprinkler system in accordance with 
Section 903.3.1.1 or 903.3.1.2 of the New York 
City Building Code and the duct is protected as a 
through penetration in accordance with the New 
York City Building Code. 

2. The duct system is constructed of approved mate- 
rials in accordance with this code and the duct pen- 
etrating the wall meets all of the following 
minimum requirements. 

2.1. The duct shall not exceed 100 square 
inches (0.06 m 2 ). 

2.2. The duct shall be constructed of steel a 
minimum of 0.0217-inch (0.55 mm) in 
thickness. 

2.3. The duct shall not have openings that com- 
municate the corridor with adjacent spaces 
or rooms. 

2.4. The duct shall be installed above a ceiling. 

2.5. The duct shall not terminate at a wall regis- 
ter in the fire-resistance-rated wall. 

2.6. A minimum 12-inch-long (304.8 mm) by 
0.060-inch-thick (1.52 mm) steel sleeve 
shall be centered in each duct opening. The 
sleeve shall be secured to both sides of the 
wall and all four sides of the sleeve with 
minimum lV^-inch by 17 2 -inch by 
0.060-inch (38 mm by 38 mm by 1.52 mm) 
steel retaining angles. The retaining angles 



60 



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shall be secured to the sleeve and the wall 
with No. 10 (M5) screws. The annular 
space between the steel sleeve and the wall 
opening shall be filled with rock (mineral) 
wool batting or approved equivalent on all 
sides. 

607.5.4 Smoke barriers. A listed smoke damper designed 
to resist the passage of smoke shall be provided at each point 
where a duct or an air transfer opening penetrates a smoke 
barrier wall enclosure required to have smoke and draft con- 
trol doors in accordance with the New York City Building 
Code. Smoke dampers and smoke damper actuation meth- 
ods shall comply with Section 607.5.4.1. 

Exception: Smoke dampers are not required in smoke 
barrier penetrations where the openings in ducts are lim- 
ited to a single smoke compartment and the ducts are 
constructed of steel. 

607.5.4.1 Smoke damper. The smoke damper shall 
close upon actuation of a listed smoke detector or detec- 
tors installed in accordance with the New York City 
Building Code and Section 607.3.2.1. 

607.5.5 Shaft enclosures. Ducts and air transfer openings 
shall not penetrate a shaft serving as an exit enclosure except 
as permitted by Section 1019.1.2 of the New York City 
Building Code. 

607.5.5.1 Penetrations of shaft enclosures. Shaft 
enclosures that are permitted to be penetrated by ducts 
and air transfer openings shall be protected with 
approved fire and smoke dampers installed in accor- 
dance with their listing. 

Exceptions: 

1 . Fire dampers are not required at penetrations of 
shafts where: 

1.1. Steel exhaust subducts extend at least 
22 inches (559 mm) vertically in 
exhaust shafts provided there is a con- 
tinuous airflow upward to the outside, 
or 

1.2. Penetrations are tested in accordance 
with ASTM E 119 as part of the 
fire-resistance-rated assembly, or 

1.3. Ducts are used as part of an approved 
smoke control system designed and 
installed in accordance with Section 
513 of this code, and where the fire 
damper will interfere with the operation 
of the smoke control system, or 

1.4. The penetrations are in parking garage 
exhaust or supply shafts that are sepa- 
rated from other building shafts by not 
less than 2-hour fire-resistance-rated 
construction. 

2. In Group B occupancies, equipped throughout 
with an automatic sprinkler system in accor- 



dance with Section 903.3.1.1 of the New York 
City Building Code, smoke dampers are not 
required at penetrations of shafts where: 

2.1. Bathroom and toilet room exhaust 
openings with steel exhaust subducts, 
having a wall thickness of at least 0.019 
inch (0.48 mm) extend at least 22 inches 
(559 mm) vertically and where the 
exhaust fan at the upper terminus is 
powered continuously in accordance 
with the provisions of Section 909. 1 1 of 
the New York City Building Code, and 
maintains airflow upward to the out- 
side, or 

2.2. Ducts are used as part of an approved 
smoke control system designed and 
installed in accordance with Section 
909 of the New York City Building 
Code, and where the smoke damper will 
interfere with the operation of the 
smoke control system. 

3. Smoke dampers are not required at penetration 
of exhaust or supply shafts in parking garages 
that are separated from other building shafts by 
not less than 2-hour fire-resistance-rated con- 
struction. 

4. Fire dampers and/or smoke dampers shall not 
be required at a shaft where the shaft is acting as 
an extension of the mechanical equipment 
room that it serves and the shaft and mechanical 
equipment room maintain fire and smoke sepa- 
ration required by the greater of the two spaces 
from the occupied portions of the building and 
meet the requirements of Section 707. 1 1 of the 
New York City Building Code. 

5. Smoke dampers shall not be required to be 
located within a prescribed distance of a 
fire-rated enclosure where isolation smoke 
dampers are used in air-handling equipment. 

6. Smoke dampers shall not be required in ducts 
where the air continues to move and the 
air-handling system installed is arranged to pre- 
vent recirculation of exhaust or return air under 
fire emergency conditions. 

607.5.5.2 Limitations. Shafts that constitute air ducts or 
that enclose air ducts used for the movement of environ- 
mental air shall not enclose: 

1 . Exhaust ducts used for the removal of smoke and 
grease-laden vapors from cooking equipment; 

2. Ducts used for removal of flammable vapors; 

3. Ducts used for moving, conveying, or transporting 
stock, vapor or dust; 

4. Ducts used for the removal of nonflammable cor- 
rosive fumes and vapors; 



2008 NEW YORK CITY MECHANICAL CODE 



61 



DUCT SYSTEMS 



5. Refuse and linen chutes; or 

6. Piping. 

Exception: Shafts that constitute air ducts or 
that enclose air ducts used for the movement of 
environmental air may enclose noncombustible 
piping conveying water or other nonhazardous 
or nontoxic materials. 

607.6 Horizontal assemblies. Penetrations by air ducts of a 
floor, floor/ceiling assembly or the ceiling membrane of a 
roof/ceiling assembly shall be protected by a shaft enclosure 
that complies with the New York City Building Code or shall 
comply with this section. 

607.6.1 Through penetrations. In occupancies other than 
Groups 1-2 and 1-3, a duct and air transfer opening system 
constructed of approved materials in accordance with this 
code that penetrates a fire-resistance-rated floor/ceiling 
assembly that connects not more than two stories is permit- 
ted without shaft enclosure protection provided a fire 
damper is installed at the floor line and the penetration is 
firestopped. 

Exception: A duct serving a dwelling unit is permitted to 
penetrate three floors or less without a fire damper at 
each floor provided it meets all of the following require- 
ments. 

1. The duct shall be contained and located within the 
cavity of a wall and shall be constructed of steel not 
less than 0.0.19 inch (0.48 mm) (26 gauge) in thick- 
ness. 

2. The duct shall open into only one dwelling unit and 
the duct system shall be continuous from the unit 
to the exterior of the building. 

3. The duct shall not exceed 5-inch (127 mm) nomi- 
nal diameter and the total area of such ducts shall 
not exceed 1 00 square inches (64 516 mm 2 ) for any 
100 square feet (9.3 m 2 ) of the floor area. 

4. The annular space around the duct is protected 
with materials that prevent the passage of flame 
and hot gases sufficient to ignite cotton waste 
where subjected to ASTM E 1 1 9 time-temperature 
conditions under a minimum positive pressure dif- 
ferential of 0.0 1 inch (2.49 Pa) of water at the loca- 
tion of the penetration for the time period 
equivalent to the fire-resistance rating of the con- 
struction penetrated. 

5. Grille openings located in a ceiling of a fire-resis- 
tance-rated floor/ceiling or roof/ceiling assembly 
shall be protected with a ceiling radiation damper 
in accordance with Section 607.6.2. 

607.6.2 Membrane penetrations. Where duct systems 
constructed of approved materials in accordance with this 
code penetrate a ceiling of a fire-resistance-rated floor/ceil- 
ing or roof/ceiling assembly, shaft enclosure protection is 
not required provided an approved ceiling radiation damper 
and llrestopping is installed at the ceiling line. Where a duct 
is not attached to a diffuser that penetrates a ceiling of a 
fire-resistance-rated floor/ceiling or roof/ceiling assembly, 



shaft enclosure protection is not required provided an 
approved ceiling radiation damper and firestopping is I 
installed at the ceiling line. Ceiling radiation dampers shall 
be installed in accordance with UL 555C and constructed in 
accordance with the details listed in a fire-resistance-rated 
assembly or shall be labeled to function as a heat barrier for 
air-handling outlet/inlet penetrations in the ceiling of a 
fire-resistance-rated assembly. Ceiling radiation dampers 
shall not be required where ASTM E 119 fire tests have 
shown that ceiling radiation dampers are not necessary in 
order to maintain the fire-resistance rating of the assembly. 
Ceiling radiation damper shall not be required where 
exhaust duct penetrations are protected in accordance with 
Section 712.4.2 of the A^vv York City Building Code and the 
exhaust ducts are located within the cavity of a wall, and do 
not pass through another dwelling unit or tenant space. 

607.6.3 Nonfire-resistance-rated assemblies. Duct sys- 
tems constructed of approved materials in accordance with 
this code that penetrate nonfire-resistance-rated floor 
assemblies that connect not more than two stories are per- 
mitted without shaft enclosure protection provided that the 
annular space between the assembly and the penetrating 
duct is filled with an approved noncombustible material to 
resist the free passage of flame and the products of combus- 
tion. Duct systems constructed of approved materials in 
accordance with this code that penetrate nonrated floor 
assemblies that connect not more than three stories are per- 
mitted without shaft enclosure protection provided that the 
annular space between the assembly and the penetrating 
duct is filled with an approved noncombustible material to 
resist the free passage of flame and the products of combus- 
tion, and a fire damper is installed at each floor line. 

Exception: Fire dampers are not required in ducts within 
individual residential dwelling units. 

607.7 Flexible ducts and air connectors. Flexible ducts and 
air connectors shall not pass through any fire-resistance-rated 
assembly. 



SECTION MC 608 
AIR OUTLETS AND AIR INLETS 

608.1 Air outlets. Air outlets shall comply with Sections 
608.1.1 through 608.1.3. 

608.1.1 General. Air supplied to any space shall not contain 
flammable vapors, flyings, or dust in quantities and concen- 
trations that would introduce a hazardous condition. 

608.1.2 Construction of air outlets. Air outlets shall be 
constructed of noncombustible material or a material that 
has a maximum smoke-developed index/rating of 50 and a 
maximum flame spread index/rating of 25. 

608.1.3 Location of air outlets. The location of air outlets 
shall comply with the following requirements: 

1. Air outlets shall be located at least 3 inches (76 mm) 
above the floor. 

Exception: Air outlets may be located less than 3 
inches (76 mm) above the floor where provisions 



62 



2008 NEW YORK CITY MECHANICAL CODE 



DUCT SYSTEMS 



have been made to prevent dirt and dust accumula- 
tions from entering the system. 

2. Where located less than 7 feet (2134 mm) above the 
floor, outlet openings shall be protected by a grille or 
screen having openings through which a ] / 2 -mch 
(1 2.7 mm) sphere cannot pass. 

3. Grilles may be located in floors provided they are 
installed so that they may be removed for cleaning 
purposes and provided they are constructed as fol- 
lows: 

3.1. Grilles up to 3 square feet (0.2787 m 2 ) in gross 
area shall be designed to support a concen- 
trated live load of 250 pounds (1 14 kg) on any 
4 square inches (2580 mm 2 ) of surface. 

3.2. Grilles over 3 square feet (0.2787 m 2 ) in gross 
area shall be designed to support the same 
loads as the floor in the area where used. 

3.3. If located where they may be walked upon, the 
opening in grilles shall reject a 7 2 -inch (12.7 
mm) sphere, 

608.2 Air inlets (return or exhaust or return and exhaust). 

Air inlets shall be constructed in accordance with Sections 
608.2.1 through 608.2.3. 

608.2.1 General. Air shall not be recirculated from any 
space in which flammable vapors, flyings, or dust is present 
in quantities and concentrations that would introduce a haz- 
ardous condition into the return air system. 

608.2.2 Construction of air inlets. Air inlets shall be con- 
structed of noncombustible material or a material that has a 
maximum flame spread index/rating of 25 and a maximum 
smoke-developed index/rating of 50. 

608.2.3 Location of air inlets. The location of air inlets 
shall comply with the following requirements. 

1. Air inlets shall be located at least 3 inches (76 mm) 
above the floor. 

Exception: Air inlets may be located less than 3 
inches (76 mm) above the floor where provisions 
have been made to prevent dirt and dust accumula- 
tions from entering the system. 

2. Where located less than 7 feet (2134 mm) above the 
floor, inlet openings shall be protected by a grille or 
screens having openings through which a V 2 -inch 
(12.7 mm) sphere cannot pass. 

3. Grilles may be located in floors provided they are 
installed so that they may be removed for cleaning 
purposes and provided they are constructed as fol- 
lows: 

3. 1 . Grilles up to 3 square feet (0.2787 m 2 ) in gross 
area shall be designed to support a concen- 
trated live load of 250 pounds ( 1 14 kg) on any 
4 square inches (2580 mm 2 ) of surface. 

3.2. Grilles over 3 square feet (0.2787 m 2 ) in gross 
area shall be designed to support the same 
loads as the floor in the area where used. 



3.3. If located where they may be walked upon, the 
line in prilles shall rp.iert a l / ? -inch (12.7 



opening in grilles shall reject a 
mm) sphere. 



SECTION MC 609 
SERVICE OPENINGS 

609.1 General. Horizontal air ducts and plenums shall be pro- 
vided with service openings to facilitate the removal of accu- 
mulations of dust and combustible materials. Service openings 
shall be located at approximately 20-foot (6096 mm) intervals 
along the air duct and at the base of each vertical riser. 

Exceptions: 

1. Removable air outlet or air inlet devices of adequate 
size shall be permitted in lieu of service openings. 

2. Service openings shall not be required in supply ducts 
where the supply air has previously passed through an 
air filter, air cleaner, or water spray. Such air filters 
and air cleaners shall be properly maintained and 
replaced when needed. 

3. Service openings shall not be required where all of the 
following conditions exist: 

3.1. The occupancy has no process producing 
combustible material such as dust, lint, or 
greasy vapors. Such occupancies include 
banks, office buildings, houses of worship, 
hotels, and health care facilities (but not kitch- 
ens, laundries, and manufacturing portions of 
such facilities). 

3.2. The air inlets are at least 7 feet (2134 mm) 
above the floor or are protected by corro- 
sion-resistant metal screens of at least 14 
mesh (0.07 inches) (1.8 mm) that are installed 
at the inlets so that they cannot draw papers, 
refuse, or other combustible solids into the re- 
turn air duct. 

3.3. The minimum design velocity in the return 
duct for the particular occupancy is 1000 
feet/minute (5.080 m/s). 



2008 NEW YORK CITY MECHANICAL CODE 



63 



64 2008 NEW YORK CITY MECHANICAL CODE 



CHAPTER 7 

COMBUSTION AIR 



SECTION MC 701 
GENERAL 

701.1 Scope. The provisions of this chapter shall govern the 
requirements for combustion and dilution air for fuel-burning 
appliances other than gas-fired appliances. The requirements 
for combustion and dilution air for gas-fired appliances shall be 
in accordance with the New York City Fuel Gas Code. 

701.2 Combustion and dilution air required. Every room or 
space containing fuel-burning appliances shall be provided 
with combustion and dilution air as required by this code. 
Combustion and dilution air shall be provided in accordance 
with Section 702, 703, 704, 705, 706 or 707. Direct vent appli- 
ances or equipment that do not draw combustion air from 
inside of the building are not required to be considered in the 
determination of the combustion and dilution air requirements. 
Combustion air requirements shall be determined based on the 
simultaneous operation of all fuel-burning appliances drawing 
combustion and dilution air from the room or space. The com- 
bustion air system shall maintain the room in which the equip- 
ment is located at a pressure not less than the outdoor 
atmosphere pressure. 

701.3 Circulation of air. The equipment and appliances within 
every room containing fuel-burning appliances shall be 
installed so as to allow free circulation of air. Provisions shall 
be made to allow for the simultaneous operation of mechanical 
exhaust systems, fireplaces or other equipment and appliances 
operating in the same room or space from which combustion 
and dilution air is being drawn. Such provisions shall prevent 
the operation of such appliances, equipment and systems from 
affecting the supply of combustion and dilution air. 

701.4 Crawl space and attic space. For the purposes of this 
chapter, an opening to a naturally ventilated crawl space or attic 
space shall be considered equivalent to an opening to the out- 
doors. 

701.4.1 Crawl space. Where lower combustion air open- 
ings connect with crawl spaces, such spaces shall have 
unobstructed openings to the outdoors at least twice that 
required for the combustion air openings. The height of the 

I crawl space shall comply with the requirements of the New 
' York City Building Code and shall be without obstruction to 
the free flow of air. 

701.4.2 Attic space. Where combustion air is obtained from 
an attic area, the attic ventilating openings shall not be sub- 
ject to ice or snow blockage, and the attic shall have not less 
than 30 inches (762 mm) vertical clear height at its maxi- 
mum point. Attic ventilation openings shall be sufficient to 
provide the required volume of combustion air and the attic 

I ventilation required by the New York City Building Code. 
The combustion air openings shall be provided with a sleeve 

I of not less than 0.019 inch (0.48 mm) (No. 26 Gage) galva- 
nized steel or other approved material extending from the 



appliance enclosure to at least 6 inches (152 mm) above the 
top of the ceiling joists and insulation. 

701.5 Prohibited sources. Openings and ducts shall not con- 
nect appliance enclosures with a space in which the operation 
of a fan will adversely affect the flow of the combustion air. 
Combustion air shall not be obtained from a hazardous loca- 
tion, except where the fuel -fired appliances are located within 
the hazardous location and are installed in accordance with this 
code. Combustion air shall not be taken from a refrigeration 
machinery room, except where a refrigerant vapor detector 
system is installed to automatically shut off the combustion 
process in the event of refrigerant leakage. For structures in 
areas of special flood hazard, air shall be obtained from a loca- 
tion complying with Appendix G of the New York City Building 
Code. Combustion air shall be obtained solely from the out- 
doors for a boiler room. 



SECTION MC 702 
INSIDE AIR 

702.1 All air from indoors. Combustion and dilution air shall 
be permitted to be obtained entirely from the indoors in build- 
ings that are not of unusually tight construction. In buildings of 
unusually tight construction, combustion air shall be obtained 
from the outdoors in accordance with Section 703, 705, 706 or 
707. 

702.2 Air from the same room or space. The room or space 
containing fuel-burning appliances shall be an unconfined 
space as defined in Section 202. 

702.3 Air from adjacent spaces. Where the volume of the 
room in which the fuel-burning appliances are located does not 
comply with Section 702.2, additional inside combustion and 
dilution air shall be obtained by opening the room to adjacent 
spaces so that the combined volume of all communicating 
spaces meets the volumetric requirement of Section 702.2. 
Openings connecting the spaces shall comply with Sections 
702.3.1, 702.3.2 and Figure A-l of Appendix A of this code. 

702.3.1 Number and location of openings. Two openings 
shall be provided, one within 1 foot (305 mm) of the ceiling 
of the room and one within 1 foot (305 mm) of the floor. 

702.3.2 Size of openings. The net free area of each opening, 
calculated in accordance with Section 708, shall be a mini- 
mum of 1 square inch per 1,000 Btu/h (2201 mmVkW) of 
input rating of the fuel -burning appliances drawing com- 
bustion and dilution air from the communicating spaces and 
shall be not less than 100 square inches (64 516 mm 2 ). 



SECTION MC 703 
OUTDOOR AIR 

703.1 All air from the outdoors. Where all combustion and 
dilution air is to be provided by outdoor air, the required com- 



2008 NEW YORK CITY MECHANICAL CODE 



65 



COMBUSTION AIR 



bastion and dilution air shall be obtained by opening the room 
to the outdoors. Openings connecting the room to the outdoor 
air shall comply with Sections 703.1.1 through 703.1.4, and 
Figures A-2, A-3 and A-4 of Appendix A of this code. The size 
of the openings connecting the room to the outdoor air supply 
shall also comply with any applicable rules of the New York 
City Department of Environmental Protection. 

703.1.1 Number and location of openings. Two openings 
shall be provided, one within 1 foot (305 mm) of the ceiling 
of the room and one within 1 foot (305 mm) of the floor. 

703.1.2 Size of direct openings. The net free area of each 
direct opening to the outdoors, calculated in accordance 
with Section 709, shall be a minimum of 1 square inch per 
4,000 Btu/h (550 mm 2 /kW) of combined input rating of the 
fuel-burning appliances drawing combustion and dilution 
air from the room. 

703.1.3 Size of horizontal openings. The net free area of 
each opening, calculated in accordance with Section 709 
and connected to the outdoors through a horizontal duct, 
shall be a minimum of 1 square inch per 2,000 Btu/h (1 100 
mm 2 /kW) of combined input rating of the fuel-burning 
appliances drawing combustion and dilution air from the 
room. The cross-sectional area of the duct shall be equal to 
or greater than the required size of the opening. 

703.1.4 Size of vertical openings. The net free area of each 
opening, calculated in accordance with Section 709 and 
connected to the outdoors through a vertical duct, shall be a 
minimum of 1 square inch per 4,000 Btu/h (550 mmVkW) 
of combined input rating of the fuel-burning appliances 
drawing combustion and dilution air from the room. The 
cross-sectional area of the duct shall be equal to or greater 
than the required size of the opening. 



1 SECTION MC 704 

COMBINED USE OF INSIDE AND OUTDOOR AIR 
(CONDITION 1) 

704.1 Combination of air from inside and outdoors. This 
section shall apply only to appliances located in confined 
spaces in buildings not of unusually tight construction. Where 
the volumes of rooms and spaces are combined for the purpose 
of providing indoor combustion air, such rooms and spaces 
shall communicate through permanent openings in compliance 
with Sections 702.3.1 and 702.3.2. The required combustion 
and dilution air shall be obtained by opening the room to the 
outdoors using a combination of inside and outdoor air, pro- 
rated in accordance with Section 704.1.6. The ratio of interior 
spaces shall comply with Section 704.1.5. The number, loca- 
tion and ratios of openings connecting the space with the out- 
door air shall comply with Sections 704.1.1 through 704.1.4. 

704.1.1 Number and location of openings. At least two 
openings shall be provided, one within 1 foot (305 mm) of 
the ceiling of the room and one within 1 foot (305 mm) of 
the floor. 

704.1.2 Ratio of direct openings. Where direct openings to 
the outdoors are provided in accordance with Section 703. 1 , 
the ratio of direct openings shall be the sum of the net free 
areas of both direct openings to the outdoors, divided by the 



sum of the required areas for both such openings as deter- 
mined in accordance with Section 703.1.2. 

704.1.3 Ratio of horizontal openings. Where openings 
connected to the outdoors through horizontal ducts are pro- 
vided in accordance with Section 703.1, the ratio of hori- 
zontal openings shall be the sum of the net free areas of both 
such openings, divided by the sum of the required areas for 
both such openings as determined in accordance with Sec- 
tion 703.1.3. 

704.1.4 Ratio of vertical openings. Where openings con- 
nected to the outdoors through vertical ducts are provided in 
accordance with Section 703.1, the ratio of vertical open- 
ings shall be the sum of the net free areas of both such open- 
ings, divided by the sum of the required areas for both such 
openings as determined in accordance with Section 703. 1 .4. 

704.1.5 Ratio of interior spaces. The ratio of interior 
spaces shall be the available volume of all communicating 
spaces, divided by the required volume as determined in 
accordance with Sections 702.2 and 702.3. 

704.1.6 Prorating of inside and outdoor air. In spaces that 
utilize a combination of inside and outdoor air, the sum of 
the ratios of all direct openings, horizontal openings, verti- 
cal openings and interior spaces shall equal or exceed 1. 



SECTION MC 705 I 

COMBINED USE OF INSIDE AND OUTDOOR AIR 
(CONDITION 2) 

705.1 General. This section shall apply only to appliances 
located in unconfined spaces in buildings of unusually tight 
construction. Combustion air supplied by a combined use of 
indoor and outdoor air shall be supplied through openings and 
ducts extending to the appliance room or to the vicinity of the 
appliance. 

705.1.1 Openings and supply ducts. Openings shall be 
provided, located and sized in accordance with Sections 
702.3.1 and 702.3.2; additionally, there shall be one open- 
ing to the outdoors having a free area of at least 1 square inch 
per 5,000 Btu/h (440 mmVkW) of total input of all appli- 
ances in the space. 



SECTION MC 706 I 

FORCED COMBUSTION AIR SUPPLY 

706.1 Rate of air supplied. Where all combustion air and dilu- I 
tion air is provided by a mechanical forced-air system, the com- 
bustion air and dilution air shall be supplied at the minimum 
rate of 1 cfm per 2,400 Btu/h [0.00067 m 3 /(s • kW)] of com- 
bined input rating of all the fuel-burning appliances served. 
Combustion air rates shall also comply with any applicable I 
rules of the New York City Department of Environmental Pro- 
tec tion. I 



66 



2008 NEW YORK CITY MECHANICAL CODE 



COMBUSTION AIR 



SECTION MC 707 
DIRECT CONNECTION 

707.1 General. Fuel-burning appliances that are listed and 
labeled for direct combustion air connection to the outdoors 
shall be installed in accordance with the manufacturer's instal- 
lation instructions. 



SECTION MC 708 
COMBUSTION AIR DUCTS 

708.1 General. Combustion air ducts shall: 

1. Be of galvanized steel complying with Chapter 6 or of 
equivalent corrosion-resistant material approved for this 
application. 

Exception: Within dwelling units, unobstructed stud 
and joist spaces shall not be prohibited from convey- 
ing combustion air, provided that not more than one 
required fireblock is removed. 

2. Have a minimum cross-sectional dimension of 3 inches 
(76 mm). 

3. Terminate in an unobstructed space allowing free move- 
ment of combustion air to the appliances. 

4. Have the same cross-sectional areas as the free area of 
the openings to which they connect. 

5. Serve a single appliance enclosure. 

6. Not serve both upper and lower combustion air openings 
where both such openings are used. The separation 
between ducts serving upper and lower combustion air 
openings shall be maintained to the source of combus- 
tion air. 

7. Not be screened where terminating in an attic space. 

8. Not slope downward toward the source of combustion 
air, where serving the upper required combustion air 
opening. 



dampers shall be electrically interlocked with the firing cycle 
of the appliances served, so as to prevent operation of any 
appliance that draws combustion and dilution air from the 
room when any of the dampers are closed. Manually operated 
dampers shall not be installed in combustion air openings. 



SECTION MC 710 
OPENING LOCATION AND PROTECTION 

710.1 General. Combustion air openings to the outdoors shall 
comply with the location and protection provisions of Sections 
401.5 and 401.6 applicable to outside air intake openings. 



I SECTION MC 709 

OPENING OBSTRUCTIONS 

709.1 General. The required size of openings for combustion 
and dilution air shall be based on the net free area of each open- 
ing. The net free area of an opening shall be that specified by 
the manufacturer of the opening covering. In the absence of 
such information, openings covered with metal louvers shall be 

I deemed to have a net free area of 60 percent of the area of the 
opening, and openings covered with wood louvers shall be 

I deemed to have a net free area of 10 percent of the area of the 
opening. Louvers and grills shall be fixed in the open position. 

Exception: Louvers interlocked with the appliance so that 
they are proven to be in the full open position prior to main 
burner ignition and during main burner operation. Means 
shall be provided to prevent the main burner from igniting if 
the louvers fail to open during burner startup and to shut 
down the main burner if the louvers close during operation. 

709.2 Dampered openings. Where the combustion air open- 
ings are provided with volume, smoke or fire dampers, the 



2008 NEW YORK CITY MECHANICAL CODE 



67 



68 2008 NEW YORK CITY MECHANICAL CODE 



CHAPTER 8 

CHIMNEYS AND VENTS 



I SECTION MC 801 

GENERAL 

801.1 Scope. This chapter shall govern the installation, mainte- 
I nance, design, minimum safety requirements, repair and 

approval of factory-built chimneys, chimney liners, vents and 
I connectors, and field-built chimneys and connectors. This 

chapter shall also govern the utilization of masonry chimneys. 

Gas-fired appliances shall be vented in accordance with the 

New York City Fuel Gas Code. 

801.1.1 Adjoining chimneys and vents. Adjoining chim- 
neys and vents shall be in accordance with Sections 
801.1.1.1 through 801.1.1.8. 

801.1.1.1 Responsibility of owner of taller building. 

Whenever a building is erected, enlarged, or increased in 
height so that any portion of such building, except chim- 
neys or vents, extends higher than the top of any previ- 
ously constructed chimneys or vents within 100 feet (30 
480 mm), the owner of such new or altered building shall 
have the responsibility of altering such chimneys or 
vents to make them conform with the requirements of 
this chapter. A chimney or vent that is no longer con- 
nected with a fireplace or combustion or other equipment 
for which a chimney or vent was required shall be exempt 
from this requirement. Such alterations shall be accom- 
plished by one of the following means or a combination 
thereof: 

1 . Carry up the previously constructed chimneys or 
vents to the height required in this chapter. 

2. Offset such chimneys or vents to a distance beyond 
that required in Chapter 5 of this code from the 
new or altered building provided that the new loca- 
tion of the outlet of the offset chimney or vent shall 
otherwise comply with the requirements of this 
chapter. 

Such requirements shall not dispense with or modify 
any additional requirements that may be applicable pur- 
suant to rules of the New York City Department of Envi- 
ronmental Protection. 

801.1.1.2 Protection of draft. After the alteration of a 
chimney or vent as required by this section, it shall be the 
responsibility of the owner of the new or altered building 
to provide any mechanical equipment or devices neces- 
sary to maintain the proper draft in the equipment, 

801.1.1.3 Written notification. The owner of the new or 
altered building shall notify the owner of the building 
affected in writing at least 45 days before starting the 
work required and request written consent to do such 
work. Such notice shall be companied by plans indicat- 
ing the manner in which the proposed alterations are to 
be made. 



801.1.1.4 Approval. The plans and method of alteration 
shall be subject to the approval of the commissioner. 

801.1.1.5 Refusal of consent. If consent is not granted 
by the owner of the previously constructed building to do 
the alteration work required by this section, such owner 
shall signify his or her refusal in writing to the owner of 
the new or altered building and to the commissioner; and 
the owner of the new or altered building having submit- 
ted plans that conform to the requirements of this section, 
shall thereupon be released from any responsibility for 
the proper operation of the equipment clue to loss of draft 
and for any health hazard or nuisance that may occur as a 
result of the new or altered building. Such responsibili- 
ties shall then be assumed by the owner of the previously 
constructed building. Similarly, should such owner fail 
to grant consent within 45 days from the date of written 
request or fail to signify his or her refusal, he or she shall 
then assume all responsibilities as prescribed above. 

801.1.1.6 Procedure. It shall be the obligation of the 
owner of the new or altered building to: 

1. Schedule this work so as to create a minimum of 
disturbance to the occupants of the affected build- 
ing; and 

2. Provide such essential services as are normally 
supplied by the equipment while it is out of ser- 
vice; and 

3. Where necessary, support such extended chim- 
neys, vents and equipment from this building or to 
carry up such chimneys or vents within his or her 
building; and 

4. Provide for the maintenance, repair, and/or 
replacement of such extensions and added equip- 
ment; and 

5. Make such alterations of the same material as the 
original chimney or vent so as to maintain the same 
quality and appearance, except where the affected 
owner of the chimney or vent shall give his or her 
consent to do otherwise. All work shall be done in 
such fashion as to maintain the architectural aes- 
thetics of the existing building. Where there is 
practical difficulty in complying strictly with the 
provisions of this item, the commissioner may per- 
mit an equally safe alternative. 

801.1.1.7 Existing violations. Any existing violations 
on the previously constructed equipment shall be cor- 
rected by the owner of the equipment before any equip- 
ment is added or alterations made at the expense of the 
owner of the new or altered building. 

801.1.1.8 Variance. The commissioner may grant a vari- 
ance in accordance with the provisions of this code. 



2008 NEW YORK CITY MECHANICAL CODE 



69 



CHIMNEYS AND VENTS 



801.2 General. Every fuel-burning appliance shall discharge 
the products of combustion to a vent, factory-built chimney or 
masonry chimney, except for appliances vented in accordance 
with Section 804. The chimney or vent shall be designed for the 
type of appliance being vented. 

801.2.1. Design. Chimneys and vents shall be designed and 
constructed so as to provide the necessary draft and capacity 
for each appliance connected to completely exhaust the 
products of combustion to the outside air. The temperature 
on adjacent combustible surfaces shall not be raised above 
160°F (71°C). Condensation shall not be developed to an 
extent that can cause deterioration of the chimney or vent. 

801.2.2 Outlets. The outlet shall be arranged sot that the 
flue gases are not directed so that they jeopardize people, 
overheat combustible structures, or enter building openings 
in the vicinity of the outlet. 

801.2.3 Support. Chimneys and vents shall not be sup- 
ported by the equipment they serve unless such equipment 
has been specifically designed for such loads. 

801.2.4 Oil-fired appliances. Oil-fired appliances shall be 
vented in accordance with this code and NFPA 31. 

1801.2.5 Gas-fired appliances. Gas-fired appliances shall 
be vented in accordance with the New York City Fuel Gas 
Code. 

801.3 Masonry chimneys. Masonry chimneys shall be con- 
I structed in accordance with the New York City Building Code. 

801.4 Positive flow. Venting systems shall be designed and 
constructed so as to develop a positive flow adequate to convey 
all combustion products to the outside atmosphere. 

801.5 Design. Venting systems shall be designed in accordance 

iwith this chapter and comply with the requirements of the New 
York City Air Pollution Control Code. 

801.6 Minimum size of chimney or vent. Except as otherwise 
provided for in this chapter, the size of the chimney or vent, 
serving a single appliance, except engineered systems, shall 
have a minimum area equal to the area of the appliance connec- 
tion. 

801.7 Solid fuel appliance flues. The cross-sectional area of a 
flue serving a solid fuel-burning appliance shall be not greater 
than three times the cross-sectional area of the appliance flue 
collar or flue outlet. 

801.8 Abandoned inlet openings. Abandoned inlet openings 
in chimneys and vents shall be closed by an approved method, 

I sealed air-tight and permanently labeled as abandoned. 

801.9 Positive pressure. Where an appliance equipped with a 
forced or induced draft system creates a positive pressure in the 
venting system, the venting system shall be designed and listed 
for positive pressure applications. 

801.10 Connection to fireplace. Connection of appliances to 
chimney flues serving fireplaces shall be in accordance with 
Sections 801.10.1 through 801.10.3. 

801.10.1 Closure and access. A noncombustible seal shall 
be provided below the point of connection to prevent entry 
of room air into the flue. Means shall be provided for access 
to the flue for inspection and cleaning. 



801.10.2 Connection to factory-built fireplace flue. An 

appliance shall not be connected to a flue serving a fac- 
tory-built fireplace unless the appliance is specifically listed 
for such installation. The connection shall be made in accor- 
dance with the appliance manufacturer's installation 
instructions. 

801.10.3 Connection to masonry fireplace flue. A con- 
nector shall extend from the appliance to the flue serving a 
masonry fireplace such that the flue gases are exhausted 
directly into the flue. The connector shall be provided with 
access or shall be removable for inspection and cleaning of 
both the connector and the flue. Listed direct connection 
devices shall be installed in accordance with their listing. 

801.11 Multiple solid fuel prohibited. A solid fuel-burning 
appliance or fireplace shall not connect to a chimney passage- 
way venting another appliance. 

801.12 Chimney entrance. Connectors shall connect to a 
chimney flue at a point not less than 12 inches (305 mm) above 
the lowest portion of the interior of the chimney flue. 

801.13 Cleanouts. Masonry chimney flues shall be provided 
with a cleanout opening having a minimum height of 6 inches 
(152 mm). The upper edge of the opening shall be located not 
less than 6 inches (152 mm) below the lowest chimney inlet 
opening. The cleanout shall be provided with a tight-fitting, 
noncombustible cover of a minimum size of 8 inches by 8 I 
inches (203 mm by 203 mm). I 

Exception: Cleanouts shall not be required for chimney 
flues serving masonry fireplaces, if such flues are provided 
with access through the fireplace opening. 

801.14 Connections to exhauster. All appliance connections 
to a chimney or vent equipped with a power exhauster shall be 
made on the inlet side of the exhauster. All joints and piping on 
the positive pressure side of the exhauster shall be listed for 
positive pressure applications as specified by the manufac- 
turer's installation instructions for the exhauster. 

801.15 Fuel-fired appliances. Masonry chimneys utilized to 
vent fuel-fired appliances shall be located, constructed and 
sized as specified in the manufacturer's installation instruc- 
tions for the appliances being vented. 

801.16 Flue lining. Masonry chimneys shall be lined. The lin- 
ing material shall be compatible with the type of appliance con- 
nected, in accordance with the appliance listing and 
manufacturer's installation instructions. Listed materials used 
as flue linings shall be installed in accordance with their list- 
ings and the manufacturer's installation instructions. 

801.16.1 Residential and low-heat appliances (general). 

Flue lining systems for use with residential-type and 
low-heat appliances shall be limited to the following: 

1. Clay flue lining complying with the requirements of 
ASTM C 315 or equivalent. Clay flue lining shall be 
installed in accordance with the New York City Build- I 
ing Code. 

2. Listed chimney lining systems complying with UL 
1777. 



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3. Other approved materials that will resist, without 
cracking, softening or corrosion, flue gases and con- 
densate at temperatures up to 1 ,800°F (982°C). 

801.17 Space around lining. The space surrounding a flue lin- 
ing system or other vent installed within a masonry chimney 
shall not be used to vent any other appliance. This shall not pre- 
vent the installation of a separate flue lining in accordance with 
the manufacturer's installation instructions and this code. 

801.18 Existing chimneys and vents. Where an appliance is 
permanently disconnected from an existing chimney or vent, or 
where an appliance is connected to an existing chimney or vent 
during the process of a new installation, the chimney or vent 
shall comply with Sections 801.18.1 through 801.18.4. 

801.18.1 Size. The chimney or vent shall be resized as nec- 
essary to control flue gas condensation in the interior of the 
chimney or vent and to provide the appliance or appliances 
served with the required draft. For the venting of oil-fired 
appliances to masonry chimneys, the resizing shall be in 
accordance with NFPA 31. 

801.18.2 Flue passageways. The flue gas passageway shall 
be free of obstructions and combustible deposits and shall 
be cleaned if previously used for venting a solid or liquid 
fuel-burning appliance or fireplace. The flue liner, chimney 
innerwall or vent innerwall shall be continuous and shall be 
free of cracks, gaps, perforations or other damage or deteri- 
oration which would allow the escape of combustion prod- 
ucts, including gases, moisture and creosote. Where an 
oil-fired appliance is connected to an existing masonry 
chimney, such chimney flue shall be repaired or relined in 
accordance with NFPA 31. 

801.18.3 Cleanout. Masonry chimneys shall be provided 
with a cleanout opening complying with Section 801.1.3. 

801.18.4 Clearances. Chimneys and vents shall have 
air-space clearance to combustibles in accordance with the 

I New York City Building Code and the chimney or vent man- 
ufacturer's installation instructions. 

Exception: Masonry chimneys equipped with a chim- 
ney lining system tested and listed for installation in 
chimneys in contact with combustibles in accordance 
with UL 1777, and installed in accordance with the man- 
ufacturer's instructions, shall not be required to have 
clearance between combustible materials and exterior 
surfaces of the masonry chimney. Noncombustible 
fireblocking shall be provided in accordance with the 
I New York City Building Code. 

801.19 Multistory prohibited. Common venting systems for 
appliances located on more than one floor level shall be prohib- 
ited, except where all of the appliances served by the common 
vent are located in rooms or spaces that are accessed only from 
the outdoors. The appliance enclosures shall not communicate 
with the occupiable areas of the building. 

I 801.20 Reserved. 



SECTION MC 802 
VENTS 

802.1 General. All vent systems shall be listed and labeled or 
field fabricated in accordance with NFPA 211. Type L vents 
shall be tested in accordance with UL 641 . 

802.2 Vent application. The application of vents shall be in 
accordance with Table 802.2. 

TABLE 802.2 
VENT APPLICATION 



VENT TYPES 


APPLIANCE TYPES 


Type L oil vents 


Oil-burning appliances listed and labeled for 
venting with Type L vents; gas appliances listed 
and labeled for venting with Type B vents. 



802.3 Installation. Vent systems shall be sized, installed and 
terminated in accordance with the vent and appliance manufac- 
turer's installation instructions. 

802.4 Vent termination caps. Vent termination caps shall not 
be permitted and a 2'/ 2 -inch (64 mm) minimum drain installed 
to receive condensed water shall be required. A positive means 
shall be provided to prevent water from entering the appliance. 

802.5 Type L vent terminations. Type L vents shall terminate 
not less than 2 feet (610 mm) above the highest point of the roof 
penetration and not less than 2 feet (610 mm) higher than any 
portion of a building within 10 feet (3048 mm). Chimneys 
serving appliances less than 600°F (3 1 6°C) shall extend at least 
3 feet (914 mm) above the highest construction, such as a roof 
ridge, parapet wall, or penthouse, within 1 feet (3048 mm) of 
the chimney outlet, whether the construction is on the same 
buildings as the chimney or on another building. Any chimney 
located in an area that is more than 10 feet (3048 mm) from 
such construction but not more than the distance determined by 
Equation 8-1 and Table 802.5, shall be at least as high as the 
highest construction in such area. For purposes of determining 
the required height of the chimney, such construction does not 
include other chimneys, vents, or open structural framing. 



D=Fx^[A 



(Equation 8-1) 



where: 

D = Distance, in feet, measured from the center of the chim- 
ney outlet to the nearest edge of the construction. 

F = Value determined from Table 802.5. 

A = Free area, in square inches, of chimney flue space. 

802.6 Minimum vent heights. Vents shall terminate not less 
than 5 feet (1 524 mm) in vertical height above the highest con- 
nected appliance flue collar. 

Exceptions: 

1. Venting systems of direct vent appliances shall be 
installed in accordance with the appliance and the 
vent manufacturer's instructions. 

2. Appliances listed for outdoor installations incorpo- 
rating integral venting means shall be installed in 
accordance with their listings and the manufacturer's 
installation instructions. 



2008 NEW YORK CITY MECHANICAL CODE 



71 



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TABLE 802.5 
"F" FACTOR FOR DETERMINING CHIMNEY DISTANCES 



TYPE OF FUEL 



"F" FACTOR 



600°F(316°C) and less 



No. 2 Fuel Oil 



2.5 



No. 4, 6 Fuel Oil 



600°F (316°C ) to 1 000°F (538°C) 



2.5 



Greater than 1000T (538°C) 



802.7 Support of vents. All portions of vents shall be ade- 
quately supported for the design and weight of the materials 
employed. 

802.8 Insulation shield. Where vents pass through insulated 
assemblies, an insulation shield constructed of not less than 
No. 26 Gage sheet metal shall be installed to provide clearance 
between the vent and the insulation material The clearance 
shall be not less than the clearance to combustibles specified by 
the vent manufacturer's installation instructions. Where vents 
pass through attic space, the shield shall terminate not less than 
2 inches (5.1. mm) above the insulation materials and shall be 
secured in place to prevent displacement. Insulation shields 
provided as part of a listed vent system shall be installed in 
accordance with the manufacturer's installation instructions. 



SECTION MC 803 
CONNECTORS 

803.1 Connectors required. Connectors shall be used to con- 
nect appliances to the vertical chimney or vent, except where 
the chimney or vent is attached directly to the appliance. 

803.2 Location. Connectors shall be located entirely within 
the room in which the connecting appliance is located, except 
as provided for in Section 803. 10.4. Where passing through an 
unhealed space, a connector shall not be constructed of sin- 
gle-wall pipe. 

803.3 Size. The connector shall not be smaller than the size of 
the flue collar supplied by the manufacturer of the appliance. 
Where the appliance has more than one flue outlet, and in the 
absence of the manufacturer's specific instructions, the con- 
nector area shall be not less than the combined area of the flue 
outlets for which it acts as a common connector. 

803.4 Branch connections. All branch connections to the vent 
connector shall be made in accordance with the vent manufac- 
turer's instructions. 

803.5 Manual dampers. Manual dampers shall not be 
installed in connectors except in chimney connectors serving 
solid fuel -burning appliances. 

803.6 Automatic dampers. Automatic dampers shall be listed 
and labeled in accordance with UL 17 for oil-fired heating 
appliances. The dampers shall be installed in accordance with 
the manufacturer's installation instructions. An automatic vent 
damper device shall not be installed on an existing appliance 
unless the appliance is listed and labeled and the device is 
installed in accordance with the terms of its listing. The name 
of the installer and date of installation shall be marked on a 
label affixed to the damper device. 



803.7 Connectors serving two or more appliances. Where 
two or more connectors enter a common vent or chimney, the 
smaller connector shall enter at the highest level consistent 
with avail able headroom or clearance to combustible material. 

803.8 Vent connector construction. Vent connectors shall be 
constructed of metal. The minimum nominal thickness of the 
connector shall be 0.019 inch (0.5 mm) (No. 28 Gage) for gal- 
vanized steel, 0.022 inch (0.6 mm) (No. 26 B & S Gage) for 
copper, and 0.020 inch (0.5 mm) (No. 24 B & S Gage) for alu- 
minum. 

803.9 Chimney connector construction. Chimney connec- 
tors for low-heat appliances shall be of sheet steel pipe having 
resistance to corrosion and heat not less than that of galvanized 
steel specified in Table 803.9(1). Connectors for medium-heat 
appliances and high-heat appliances shall be of sheet steel not 
less than the thickness specified in Table 803.9(2). 

TABLE 803.9(1) 

MINIMUM CHIMNEY CONNECTOR THICKNESS FOR 

LOW-HEAT APPLIANCES 



DIAMETER OF CONNECTOR 
(inches) 


MINIMUM NOMINAL THICKNESS 
(galvanized) (inches) 


5 and smaller 


0.022 (No. 26 Gage) 


Larger than 5 and up to 10 


0.028 (No. 24 Gage) 


Larger than 10 and up to 16 


0.034 (No. 22 Gage) 


Larger than 16 


0.064 (No. 16 Gage) 



For SI: 1 inch = 25.4 mm. 



TABLE 803.9(2) 

MINIMUM CHIMNEY CONNECTOR THICKNESS FOR 

MEDIUM- AND HIGH-HEAT APPLIANCES 



AREA 

(square inches) 


EQUIVALENT ROUND 

DIAMETER 

(inches) 


MINIMUM NOMINAL 

THICKNESS 

(inches) 


0-354 


0-14 


0.060 (No. 16 Gage) 


155-201 


15-16 


0.075 (No. 14 Gage) 


202-254 


17-18 


0.105 (No. 12 Gage) 


Greater than 254 


Greater than 1 8 


0.135 (No. 10 Gage) 



For SI: 1 inch = 25.4 mm, 1 square inch = 645 J 6 mm 2 

803.10 Installation. Connectors shall be installed in accor- 
dance with Sections 803.10.1 through 803.10.6. 

803.10.1 Supports and joints. Connectors shall be sup- 
ported in an approved manner, and joints shall be fastened 
with sheet metal screws, rivets or other approved means. 



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803.10.2 Length. The maximum horizontal length of a sin- 
gle- wall connector shall not affect the capability of the sys- 
tem to produce adequate draft. 

803.10.3 Connection. The connector shall extend to the 
inner face of the chimney or vent liner, but not beyond. A 
connector entering a masonry chimney shall be cemented to 
masonry in an approved manner. Where thimbles are 
installed to facilitate removal of the connector from the 
masonry chimney, the thimble shall be permanently 
cemented in place with high -temperature cement. 

803.10.4 Connector pass-through. Chimney connectors 
shall not pass through any floor or ceiling, nor through a 
fire-resistance-rated wall assembly. Chimney connectors 
for domestic-type appliances shall not pass through walls or 
partitions constructed of combustible material to reach a 
masonry chimney unless: 

1 . The connector is labeled for wall pass-through and is 
installed in accordance with the manufacturer's 
instructions; or 

2. The connector is put through a device labeled for wall 
pass-through; or 

3. The connector has a diameter not larger than 10 
inches (254 mm) and is installed in accordance with 
one of the methods in Table 803.10.4. Concealed 
metal parts of the pass-through system in contact with 
flue gases shall be of stainless steel or equivalent 
material that resists corrosion, softening or cracking 
up to 1,800°F(980°C). 

803.10.5 Pitch. Connectors shall rise vertically to the chim- 
ney or vent with a minimum pitch equal to one-fourth unit 
vertical in 12 units horizontal (2-percent slope). 

803.10.6 Clearances. Connectors shall have a minimum 
clearance to combustibles in accordance with Table 
803.10.6. The clearances specified in Table 803. 10.6 apply, 
except where the listing and labeling of an appliance speci- 
fies a different clearance, in which case the labeled clear- 
ance shall apply. The clearance to combustibles for 
connectors shall be reduced only in accordance with Section 
308 or via the use of a listed chimney or vent connector sys- 
tem. 



SECTION MC 804 

DIRECT-VENT, INTEGRAL VENT AND MECHANICAL 

DRAFT SYSTEMS 

804.1 Direct-vent terminations. Vent terminals for 
direct- vent appliances shall be installed in accordance with the 
manufacturer's installation instructions. Horizontal venting 
shall be allowed only if approved by the commissioner and 
only if in a nonhazardous location and if the appliance has a 
sealed combustion chamber. 

804.2 Appliances with integral vents. Appliances incorporat- 
ing integral venting means shall be installed in accordance with 
their listings and the manufacturer's installation instructions. 



Horizontal venting shall be allowed only if in a nonhazardous I 
location and if the appliance has a sealed combustion chamber. I 



TABLE 803.10.4 

CHIMNEY CONNECTOR SYSTEMS AND CLEARANCES 

TO COMBUSTIBLE WALL MATERIALS FOR 

DOMESTIC HEATING APPLIANCES 3 b c * 



System A 
(l 2-inch 

clearance) 


A 3.5-inch-thick brick wall shall be framed into the 
combustible wall. A 0.625-inch-thick fire-clay liner 
(ASTM C 315 or equivalent) shall be firmly cemented in 
the center of the brick wall maintaining a 12-inch clearance 
to combustibles. The clay liner shall run from the outer 
surface of the bricks to the inner surface of the chimney 
liner. 


System B 

(9-inch 
clearance) 


A labeled solid-insulated factory-built chimney section 
(1-inch insulation) the same inside diameter as the 
connector shall be utilized. Sheet, metal supports cut to 
maintain a 9-inch clearance to combustibles shall be 
fastened to the wall surface and to the chimney section. 
Fasteners shall not penetrate the chimney flue liner. The 
chimney length shall be flush with the masonry chimney 
liner and sealed to the masonry with water-insoluble 
refractory cement. Chimney manufacturers' parts shall be 
utilized to securely fasten the chimney connector to the 
chimney section. 


System C 

(6-inch 

clearance) 


A sheet metal (minimum number 24 Gage) ventilated 
thimble having two 1-inch air channels shall be installed 
with a sheet steel chimney connector (minimum number 24 
Gage). Sheet, steel supports (minimum number 24 Gage) 
shall be cut to maintain a 6-inch clearance between the 
thimble and combustibles. One side of the support shall be 
fastened to the wall on all sides. Glass-fiber insulation 
shall fill the 6-inch space between the thimble and the 
supports. 


System D 

(2-inch 
clearance) 


A labeled solid-insulated factory-built chimney section 
(1-inch insulation) with a diameter 2 inches larger than the 
chimney connector shall be installed with a sheet steel 
chimney connector (minimum number 24 Gage). Sheet 
metal supports shall be positioned to maintain a 2-inch 
clearance to combustibles and to hold the chimney 
connector to ensure that a 1-inch airspace surrounds the 
chimney connector through the chimney section. The steel 
support shall be fastened to the wall on all sides and the 
chimney section shall be fastened to the supports. 
Fasteners shall not penetrate the liner of the chimney 
section. 



For SI: 1 inch = 25.4 mm, 1 .0 Btu x in/ft 2 • h • °F = 0. 144 W/nr • K. 

a. Insulation material that is part of the wall pass-through system shall be 
noncombustible and shall have a thermal conductivity of 1 .0 Btu x in/ft 2 • h • 
°F or less. 

b. All clearances and thicknesses are minimums. 

c. Materials utilized to seal penetrations for the connector shall be 
non-combustible 



804.2.1 Terminal clearances. Appliances designed for nat- 
ural draft venting and incorporating integral venting means 
shall be located so that a minimum clearance of 9 inches 
(229 mm) is maintained between vent terminals and from 
any openings through which combustion products enter the 
building. Appliances using forced draft venting shall be 
located so that a minimum clearance of 12 inches (305 mm) 
is maintained between vent terminals and from any open- 
ings through which combustion products enter the building. 



2008 NEW YORK CITY MECHANICAL CODE 



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TABLE 803.10.6 
CONNECTOR CLEARANCES TO COMBUSTIBLESTABLE 



TYPE OF APPLIANCE 


MINIMUM CLEARANCE 
(inches) 


Domestic-type appliances 


Chimney and vent connectors 
Electric and oil incinerators 
Oil and solid fuel appliances 
Oil appliances labeled for venting 
with Type L vents 


18 
18 

9 


Commercial, industrial-type appliances 


Low-heat appliances 

Chimney connectors 

Oil and solid fuel boilers, furnaces 

and water healers 
Oil unit heaters 
Other low-heat industrial appliances 


18 

18 
18 


Medium-heat appliances 

Chimney connectors 

All oil and solid fuel appliances 


36 


High-heat appliances 

Masonry or metal connectors 
All oil and solid fuel appliances 


In accordance with 
NFPA211 



For SI: .1 inch = 25.4 mm. 



804.3 Mechanical draft systems. Mechanical draft systems of 
either forced or induced draft design shall comply with Sec- 
tions 804.3.1 through 804.3.7. 

804.3.1 Forced draft systems. Forced draft systems and all 
portions of induced draft systems under positive pressure 
during operation shall be designed and installed so as to be 
gas tight to prevent leakage of combustion products into a 
building. 

804.3.2 Automatic shutoff. Power exhausters serving auto- 
matically-fired appliances shall be electrically connected to 
each appliance to prevent operation of the appliance when 
the power exhauster is not in operation. 

804.3.3 Termination. The termination of chimneys or vents 
equipped with power exhausters shall be located a mini- 
mum of .1 feet (3048 mm) from the lot line or from adjacent 
buildings. The exhaust shall be directed away from the 
building. 

804.3.4 Horizontal terminations. Horizontal terminations 
shall only be allowed if approved by the commissioner, if 
they are in a nonhazardous location and if the appliance has 
a sealed combustion chamber (direct vent) in accordance 
with the appliance listing and manufacturer's instructions. 
In addition, horizontal terminations shall comply with the 
following requirements: 

1 . Where located adjacent to walkways, the termination 
of mechanical draft systems shall be not less than 7 
feet (2134 mm) above the level of the walkway. 



2. Vents shall terminate at least 3 feet (914 mm) above 
any forced air inlet located within 10 feet (3048 mm). 

3. The vent system shall terminate at least 4 feet (1219 
mm) below, 4 feet (1219 mm) horizontally from or 1 
foot (305 mm) above any door, window or gravity air 
inlet into the building. 

4. The vent termination point shall not be located closer 
than 3 feet (914 mm) to an interior corner formed by 
two walls perpendicular to each other. 

5. The vent termination shall not be mounted directly 
above or within 3 feet (914 mm) horizontally from 
any gas or electric metering, regulating, venting relief 
equipment or other building opening. 

6. The bottom of the vent termination shall be located at 
least 24 inches (61.0 mm) above finished grade. 

804.3.5 Vertical terminations. Vertical terminations shall 
comply with the following requirements and in accordance 
with the appliance listing and manufacturer's instructions: 

1. Chimneys serving appliances less than 600°F 
(316°C) shall extend at least 3 feet (914 mm) above 
the highest construction, such as a roof ridge, parapet 
wall, or penthouse, within 10 feet (3048 mm) of the 
chimney outlet, whether the construction is on the 
same building as the chimney or on another building. 
Any chimney located in an area that is more than 10 
feet (3048 mm) from such construction, but not more 
than the distance determined by Equation 8-2, shall be 
at least as high as the highest construction in such 
area. However, for purposes of determining the 
required height of a chimney, such construction does 
not include other chimneys, vents or open structural 
framing. 

2. Chimneys serving appliances between 600°F 
(316°C) and 1000°F (538°C) shall extend at least 10 
feet (3048 mm) above the highest construction, such 
as a roof ridge, or parapet wall or penthouse within 20 
feet (6096 mm) of the chimney outlet, whether the 
construction is on the same building as the chimney or 
on another building. Any chimney located in an area 
more than 20 feet (6096 mm) from such construction, 
but not more than the distance determined from Equa- 
tion 8-2, shall be at least as high as the highest con- 
struction in such area. However, for purposes of 
determining the required height of the chimney, such 
construction does not include other chimneys, vents 
or open structural framing. 

3. Chimneys serving appliances greater than 1000°F 
(538°C) shall extend at least 20 feet (6096 mm) above 
the highest construction, such as roof ridge, parapet 
wall, penthouse, or other obstruction within 50 feet 
(15 240 mm) of the chimney outlet, whether the con- 
struction is on the same building as the chimney or in 
another building. Any chimney located in an area that 
is more than 50 feet (15 240 mm) from such construc- 
tion, but not more than the distance determined from 
Equation 8-2, shall be at least as high as the highest 
construction located in such area. However, for pur- 



74 



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CHIMNEYS AND VENTS 



poses of determining the required height of the chim- 
ney, such construction does not include other 
chimneys, vents, or open structural framing. 

Vent termination caps shall not be permitted and a 
3-inch (76 mm) minimum drain installed to receive 
condensed water shall be required. A positive means 
shall be provided to prevent water from entering the 
appliance. 

The following formula shall be used in order to deter- 
mine the distance referred to in Items 1 , 2 and 3 of this 

section: 



D=Fx<jA 



where: 



(Equation 8-2) 



D = Distance, in feet, measured from the center of the 
chimney outlet to the nearest edge of the construc- 
tion. 

F = Value determined from Table 802.5. 

A = Free area, in square inches, of chimney flue space. 

804.3.6 Exhauster connections. An appliance vented by 
natural draft shall not be connected into a vent, chimney or 
vent connector on the discharge side of a mechanical flue 
exhauster. 

804.3.7 Exhauster sizing. Mechanical flue exhausters and 
the vent system served shall be sized and installed in accor- 
dance with the manufacturer's installation instructions. 

804.3.8 Mechanical draft systems for manually fired 
appliances and fireplaces. A mechanical draft system shall 
be permitted to be used with manually fired appliances and 
fireplaces where such system complies with all of the fol- 
lowing requirements: 

1. The mechanical draft device shall be listed and 
installed in accordance with the manufacturer's 
installation instructions. 

2. A device shall be installed that produces visible and 
audible warning upon failure of the mechanical draft 
device or loss of electrical power, at any time that the 
mechanical draft device is turned on. This device 
shall be equipped with a battery backup if it receives 
power from the building wiring. 

3. A smoke detector shall be installed in the room with 
the appliance or fireplace. This device shall be 
equipped with a battery backup if it receives power 
from the building wiring. 



I SECTION MC 805 

FACTORY-BUILT CHIMNEYS 

805.1 Listing. Factory-built chimneys shall be listed and 
labeled and shall be installed and terminated in accordance 

I with this code and the manufacturer's installation instructions. 

805.2 Solid fuel appliances. Factory-built chimneys for use 
with solid fuel-burning appliances shall comply with the Type 
HT requirements of UL 103. 



Exception: Chimneys for use with fireplace stoves listed 
only to UL 737 shall comply with the requirements of UL 

1.03. 

805.3 Factory-built fireplaces. Chimneys for use with fac- 
tory-built fireplaces shall comply with the requirements of UL 

127. 

805.4 Support. Where factory-built chimneys are supported 
by structural members, such as joists and rafters, such mem- 
bers shall be designed to support the additional load. 

805.5 Medium-heat appliances. Factory-built chimneys for 
medium-heat appliances producing flue gases having a tem- 
perature above 1,000°F (538°C), measured at the entrance to 
the chimney, shall comply with UL 959. 

805.6 Decorative shrouds. Decorative shrouds shall not be 
installed at the termination of factory-built chimneys except 
where such shrouds are listed and labeled for use with the spe- 
cific factory-built chimney system and are installed in accor- 
dance with Section 304.1. 



SECTION MC 806 
METAL CHIMNEYS 

806.1 General. Metal chimneys shall be constructed and 
installed in accordance with NFPA 211. 

806.2 Exterior metal chimneys. Exterior metal chimneys 
shall be galvanized, painted on the exterior surface with a 
heat-resisting paint or constructed of equal corrosion-resis- 
tantt alloys. 



SECTION MC 807 
CHANGES IN APPLIANCE FUELS 

807.1 Changes in appliance fuels. Conversion from gas to 
fuel oil for a heating appliance shall be made only if: 

1 . The chimney design meets the requirements of this chap- 
ter for the conversion fuel; and 

2. The chimney size is adequate to vent the combustion 
products from the new fuel. Conversion from solid or 
liquid fuels to natural gas fuels for heating appliances 
shall be made only if: 

2.1. The chimney design meets the requirements of 
this chapter for the conversion fuel, and the New 
York City Fuel Gas Code; 

2.2. The chimney is thoroughly cleaned prior to the 
conversion to remove collected flue deposits, 
which can spill off when gas is used as a fuel; 

2.3. The chimney provides adequate draft fort the 
new fuel; 

2.4. Drains are installed to remove condensed water; 
and 

2.5. Gas vents are installed within the chimney for 
venting purposes if required by the appliance list- 
ing. 



2008 NEW YORK CITY MECHANICAL CODE 



75 



CHIMNEYS AND VENTS 



SECTION MC 808 
REDUCTION OF FLUE SIZE 

808.1 Reduction of flue size. Conversion from one fuel to 
another or the use of an existing chimney to service a fireplace 
or wood-burning appliance may require a flue size change for 
proper operation. This may be done if the redesigned flue 
meets the criteria for the fuel and chimney type to be used as set 
forth in this chapter. 



SECTION MC 809 
CHIMNEY SUPPORTED FROM EQUIPMENT 

809.1 Chimney support. Chimneys shall not be supported by 
the equipment they serve, unless such equipment has been spe- 
cifically designed for such loads. 



SECTION MC 810 
TEST RUN AND SMOKE TEST 

810.1 Test run. All new chimneys shall be test run under oper- 
ating conditions to demonstrate fire safety and the complete 
exhausting of smoke and the products of combustion to the 
outer air. The test run shall be conducted by a registered design 
professional responsible for the test, and the results of such test 
run shall be certified as correct by such professional and sub- 
mitted in writing to the department. 

810.2 Requirement of a smoke test. A smoke test shall be 
made as outlined in Section 810.3. Any faults or leaks found 
shall be corrected. Such smoke test shall be witnessed by a rep- 
resentative of the commissioner. In lieu thereof, the commis- 
sioner may accept the test report of a registered design 
professional responsible for the test which shall be submitted 
in writing to the department. 

810.3 Smoke test. To determine the tightness of chimney con- 
struction, a smoke test shall be made in accordance with the fol- 
lowing conditions and requirements: 

1 . The equipment, materials, power and labor necessary for 
such test shall be furnished by, and at the expense of, the 
owner or holder of the work permit. 

2. If the test shows any evidence of leakage or other defects, 
such defects shall be corrected in accordance with the 
requirements of this chapter, and the test shall be 
repeated until the results are satisfactory. 

3. The chimney shall be filled with a thick penetrating 
smoke produced by one or more smoke machines, or 
smoke bombs, or other equivalent method. As the smoke 
appears at the stack opening on the roof, such opening 
shall be tightly closed and a pressure equivalent to 72- 
inch (13 mm) column of water measured at the base of 
the stack, shall be applied. The test shall be applied for a 
length of time sufficient to permit the inspection of the 
chimney. 



SECTION MC 811 

EXHAUST GASES FROM INTERNAL COMBUSTION 

ENGINES 

811.1 Exhaust pipe construction. The exhaust pipe from 
internal combustion engines shall be constructed in accordance 
with the requirements for metal chimneys in this chapter, 
NFPA 21 1 and NFPA 37 based on the temperature of the gases 
entering the exhaust pipe, and in accordance with the follow- 
ing: 

1. The exhaust pipe, if factory fabricated shall be con- 
structed in accordance with their listing and manufac- 
turer's instructions. 

2. The exhaust pipe, if field fabricated, shall be constructed 
of at least V 16 -inch (5 mm) steel, or of other equivalent 
metal of similar strength and resistance to the tempera- 
ture and corrosive action of the exhaust gases. 

3. No lining shall be required. 

4. Where the exhaust pipe runs inside a building, it shall be 
insulated with insulation adequate for the temperature of 
the pipe, so that the surface temperature shall be not more 
than 200°F (93°C). 

5. All joints shall be constructed so as to be gas tight under 
all operating conditions. 

811.2 Discharge openings. The location of discharge open- 
ings for emergency and standby internal combustion engines 
shall comply with the requirements of NFPA 37 so that the flue 
gases are not directed to jeopardize the health or safety of peo- 
ple, overheat combustible structures, nor enter building open- 
ings in the vicinity of the outlet, nor shall the location of such 
openings cause the condensate leaving the outlet to come into 
contact with people. 

811.2.1 Interference. No discharge opening shall be 
located and constructed so as to interfere with the proper 
functioning of other openings in the same building or 
adjoining buildings, to interfere unreasonably with the 
occupants of the same building or adjoining buildings, or 
with the general public, or to create a fire or health hazard. 

811.2.2 Chimneys. The exhaust pipe may be connected to a 
chimney used for other equipment, provided that the opera- 
tion of the engine does not adversely affect the operation of 
the other equipment so that it is in violation of the New York 
City Air Pollution Control Code 

811.3 Vertical termination requirements. The location of the 
discharge outlet from all other engines shall comply with the 
vertical termination requ i rements of at least a 600°F (3 1 6°C) to 
1000°F (538°C) chimney or a greater than 1000°F (538°C) 
chimney based on the temperature of the gases entering the 
exhaust pipe. 



76 



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CHAPTER 9 

SPECIFIC APPLIANCES, FIREPLACES AND 
SOLID FUEL-BURNING EQUIPMENT 



SECTION MC 901 
GENERAL 

901.1 Scope. This chapter shall govern the approval, design, 
installation, construction, maintenance, alteration and repair of 
the appliances and equipment specifically identified herein and 
factory-built fireplaces. The approval, design, installation, 
construction, maintenance, alteration and repair of gas-fired 
appliances shall be regulated by the New York City Fuel Gas 
Code. 

901.2 General. The requirements of this chapter shall apply to 
the mechanical equipment and appliances regulated by this 
chapter, in addition to the other requirements of this code, and 
installed in accordance with the requirements of NFPA 31, 
NFPA54andNFPA211. 

901.3 Hazardous locations. Fireplaces and solid fuel-burning 
appliances shall not be installed in hazardous locations. 

901.4 Fireplace accessories. Listed fireplace accessories shall 
be installed in accordance with the conditions of the listing and 
the manufacturer's installation instructions. 

901.5 Inspection of solid fuel-burning heating appliances, 
chimneys and flues. Inspections of solid fuel-burning heating 
appliances, chimneys and flues shall be in accordance with the 
New York City Building Code. 

901.6 Fireplaces. Fireplaces (solid-fuel-type or ANSI 
Z21.50) shall be installed with tight-fitting noncombustible 
fireplace doors to control infiltration losses in construction 
types listed here: 

1. Masonry or factory-built fireplaces designed to allow an 
open burn. 

2. Decorative appliances (ANSI Z21.60 gas-log style unit) 
installed in a vented solid fuel fireplace. 

3. Vented decorative gas fireplace appliances (ANSI 
Z2 1.50 unit). 

Fireplaces shall be provided with a source of combustion air 
as required by the fireplace construction provisions of the New 
York City Building Code and Chapter 7 of this code. 



I SECTION MC 902 

MASONRY FIREPLACES 

902.1 General. Masonry fireplaces shall be constructed in 
I accordance with the New York City Building Code. 



SECTION MC 903 
FACTORY-BUILT FIREPLACES 

903.1 General. Factory-built fireplaces shall be listed and 
labeled and shall be installed in accordance with the conditions 



of the listing. Factory-built fireplaces shall be tested in accor- 
dance with UL 127. 

903.2 Hearth extensions. Hearth extensions of approved fac- 
tory-built fireplaces and fireplace stoves shall be installed in 
accordance with the listing of the fireplace. The hearth exten- 
sion shall be readily distinguishable from the surrounding floor 

area. 

903.3 Unvented gas log heaters. The installation of unvented 
gas-fired space heaters, gas stoves, gas logs, gas fireplaces and 
gas fireplace inserts is prohibited. 

903.4 Flues. Separate flues shall be provided for every fire- 
place and fireplace stove. 

903.5 Combustion air supply. All installations of fac- 
tory-built fireplaces shall comply with the requirements of the 
Energy Conservation Construction Code of New York State 
concerning combustion air supply. 



SECTION MC 904 I 

PELLET FUEL-BURNING APPLIANCES 

904.1 General. Pellet fuel-burning appliances shall be listed 
and labeled and shall be installed in accordance with the terms 
of the listing. If permitted, such appliances shall be operated in I 
accordance wi th the New York City A ir Pollution Control Code. I 



SECTION MC 905 
FIREPLACE STOVES AND ROOM HEATERS 

905.1 General. Fireplace stoves and solid-fuel-type room 
heaters shall be listed and labeled and shall be installed in 
accordance with the conditions of the listing. Fireplace stoves 
shall be tested in accordance with UL 737. Solid-fuel-type 
room heaters shall be tested in accordance with UL 1482. Fire- 
place inserts intended for installation in fireplaces shall be 
listed and labeled in accordance with the requirements of UL 
1482 and shall be installed in accordance with the manufac- 
turer's installation instructions. 

905.2 Connection to fireplace. The connection of solid fuel 
appliances to chimney flues serving fireplaces shall comply 
with Sections 801.7 and 801.10. 

905.3 Air pollution. All fireplace stoves and room heaters 
shall comply with the requirements of the New York City Air 
Pollution Control Code. 

905.4 Combustion air supply. All fireplace stoves and room 
heaters shall comply with the requirements of the Energy Con- 
servation Construction Code of New York State concerning 
combustion air supply. 

905.5 Flues. Separate flues and independent combustion air 
source shall be provided for every fireplace stove and room 



2008 NEW YORK CITY MECHANICAL CODE 



77 



SPECIFIC APPLIANCES, FIREPLACES AND SOLID FUEL-BURNING EQUIPMENT 



I heater. Combustion air shall be provided in accordance with the 
manufacturer's recommendations and Chapter 7. 



SECTION MC 906 
FACTORY-BUILT BARBECUE APPLIANCES 

906.1 General. Factory-built barbecue appliances shall be of 
an approved type and shall be installed in accordance with the 
manufacturer's installation instructions, this chapter and Chap- 
ters 3, 5, 7, 8 and the New York City Fuel Gas Code. All provi- 
sions for the construction and installation of fireplaces shall be 
complied within the construction and installation of barbecue 
grills. 



SECTION MC 907 
INCINERATORS AND CREMATORIES 

907.1 General. Incinerators and crematories shall be listed and 
labeled in accordance with UL 791 and NFPA 82 and shall be 
installed in accordance with the manufacturer's installation 
instructions. 

907.2 Compliance. All incinerators and crematories shall be 
installed, altered and maintained in buildings in conformity 
with the applicable provisions of 'the Administrative Code and 
the New York City Air Pollution Control Code. 



SECTION MC 908 

COOLING TOWERS, EVAPORATIVE 

CONDENSERS AND FLUID COOLERS 

908.1 General. A cooling tower used in conjunction with an 
air-conditioning appliance shall be installed in accordance 
with the manufacturer's installation instructions. 

908.2 Access. Cooling towers, evaporative condensers and 
fluid coolers shall be provided with ready access. 

908.3 Location. Cooling towers, evaporative condensers and 
fluid coolers shall be located to prevent the discharge vapor 
plumes from entering occupied spaces. Plume discharges shall 
be not less than 5 feet (1524 mm) above or 20 feet (6096 mm) 
away from any ventilation inlet to a building. Location on the 
property shall be as required for buildings in accordance with 
the New York City Building Code. 

908.3.1 Indoor. Cooling towers, evaporative condensers 
and fluid coolers located inside of buildings shall be con- 
structed of noncombustible materials including fill and drift 
eliminators. 

908.3.2 Outside. Cooling towers shall be constructed of 
noncombustible materials. 

Exception: Fill and drift eliminators may be made of 
limited combustibility materials provided all the follow- 
ing conditions are met: 

1. The cooling tower is located on a building in con- 
struction Group LA or LB of the New York City 
Building Code. 

2. The cooling tower, fill and drift eliminators are 
located at least 30 feet (9 1 44 mm) away from win- 



dows or fresh air intakes which are at an elevation 
above the roof on which the cooling tower is 
located, whether in the same building or in an 
adjoining building. 

3. Lhe cooling tower is located not less than 15 feet 
(4572 mm) from the lot line, 

4. Lhe cooling tower is located not less than 10 feet 
(3048 mm) from any chimney, except that the dis- 
tance shall not be less than 20 feet (6096 mm) from 
a chimney venting products of combustion other 
than from gas- or oil-fired appliances, whether on 
the same or an adjoining building. 

908.4 Support and anchorage. Supports for cooling towers, 
evaporative condensers and fluid coolers shall be designed in 
accordance with the New York City Building Code. Seismic 
restraints shall be as required by the New York City Building 
Code. Adequate vibration isolation shall be provided in accor- 
dance with the manufacturer's installation guidelines and as 
required for the supporting structure, and in accordance with 
the following: 

908.4.1 Cooling towers. All moving parts of cooling tow- 
ers located on a roof or floor other than a floor on grade shall 
be installed on vibration isolators providing a minimum iso- 
lation efficiency of 85 percent at fan rotor rpm with a maxi- 
mum static deflection of 4 inches (102 mm). Each isolator 
shall incorporate a leveling device and a resilient pad having 
a minimum thickness of ! / 4 inch (6 mm). 

908.4.2 Evaporative condensers. Evaporative and air 
cooled condensers located on a roof or floor other than a 
floor on grade shall be mounted on vibration isolators pro- 
viding a minimum isolation efficiency of 85 percent at fan 
rotor rpm with a maximum static deflection of 4 inches (102 
mm). Each isolator shall incorporate a leveling device and a 
resilientpad having a minimum thickness of 7 4 inch (6 mm). 

908.5 Water supply. Water supplies and protection shall be as 
required by the New York City Plumbing Code. 

908.6 Drainage. Drains, overflows and blowdown provisions 
shall be indirectly connected to an approved disposal location. 
Discharge of chemical waste shall be approved by the appro- 
priate regulatory authority. 

908.7 Refrigerants and hazardous fluids. Heat exchange 
equipment that contains a refrigerant and that is part of a closed 
refrigeration system shall comply with Chapter 11. Heat 
exchange equipment containing heat transfer fluids which are 
combustible or hazardous shall comply with the New York City 
Fire Code. Flammable heat transfer fluids are prohibited. 



SECTION MC 909 
VENTED WALL FURNACES 

909.1 General. Vented wall furnaces shall be installed in 
accordance with their listing and the manufacturer's installa- 
tion instructions. Oil-fired furnaces shall be tested in accor- 
dance with UL 730. 

909.2 Location. Vented wall furnaces shall be located so as not 
to cause a fire hazard to walls, floors, combustible furnishings 



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SPECIFIC APPLIANCES, FIREPLACES AND SOLID FUEL-BURNING EQUIPMENT 



or doors. Vented wall furnaces installed between bathrooms 
and adjoining rooms shall not circulate air from bathrooms to 
other parts of the building. 

909.3 Door swing. Vented wall furnaces shall be located so 
that a door cannot swing within 12 inches (305 mm) of an air 
inlet or air outlet of such furnace measured at right angles to the 
opening. Doorstops or door closers shall not be installed to 
obtain this clearance. 

909.4 Ducts prohibited. Ducts shall not be attached to wall 
furnaces. Casing extension boots shall not be installed unless 
listed as part of the appliance. 

909.5 Manual shutoff valve. A manual shutoff valve shall be 
installed ahead of all controls. 

909.6 Access. Vented wall furnaces shall be provided with 
access for cleaning of heating surfaces, removal of burners, 
replacement of sections, motors, controls, filters and other 
working parts, and for adjustments and lubrication of parts 
requiring such attention. Panels, grilles and access doors that 
must be removed for normal servicing operations shall not be 
attached to the building construction. 



the ground below and to the sides shall be excavated to form a 
pit under the furnace so that the required clearance is provided 
beneath the lowest portion of the furnace. A 1.2-inch (305 mm) 
minimum clearance shall be provided on all sides except the 
control side, which shall have an 18-inch (457 mm) minimum 
clearance. 

910.5 Enclosures. Enclosures of floor furnaces shall be con- 
structed entirely of noncombustible materials with a fire-resis- 
tance rating of at least 1 hour and shall be provided with 
adequate outdoor air to ensure proper combustion. The enclo- 
sure shall be provided with adequate means of access for ser- 
vicing the furnace. 

910.6 Duct temperature. The outlet duct temperature of warm 
air heating furnaces shall not be greater than 250°F (121°C). 

910.7 One- and two- family dwellings. Floor furnace enclo- 
sures shall be constructed of noncombustible materials with a 
fire-resistance rating of at least 1 hour. Means shall be provided 
for supporting the furnace when the grille is removed. Clear- 
ances shall be provided as per NFPA 54. 



SECTION MC910 
FLOOR FURNACES 

910.1 General. Floor furnaces shall be installed in accordance 
with their listing and the manufacturer's installation instruc- 
tions. Oil-fired furnaces shall be tested in accordance with UL 
729. Unvented floor furnaces are prohibited. 

910.2 Placement. Floor furnaces shall not be installed in any 
corridor, in the floor of any aisle or passageway of any audito- 
rium, public hall, place of assembly, or in any egress element 
from any such room or space. 

With the exception of wall register models, a floor furnace 
shall not be placed closer than 6 inches (152 mm) to the nearest 
wall, and wall register models shall not be placed closer than 6 
inches (152 mm) to a corner. 

The furnace shall be placed such that a drapery or similar 
combustible object will not be nearer than 12 inches (305 mm) 
to any portion of the register of the furnace. Floor furnaces shall 
not be installed in concrete floor construction built on grade. 
The controlling thermostat for a floor furnace shall be located 
within the same room or space as the floor furnace or shall be 
located in an adjacent room or space that is permanently open 
to the room or space containing the floor furnace. Floor fur- 
naces shall be located so as to be accessible. Floor furnaces 
shall be installed only in floors of noncombustible construction 
having at least a 2-hour fire rating, except as where required for 
one- and two-family dwellings. 

910.3 Bracing. The floor around the furnace shall be braced 
and headed with a support framework design in accordance 
with the New York City Building Code. 

910.4 Clearance. The lowest portion of the floor furnace shall 
have not less than a 6-inch (152 mm) clearance from the grade 
level; except where the lower 6-inch (152 mm) portion of the 
floor furnace is sealed by the manufacturer to prevent entrance 
of water, the minimum clearance shall be reduced to not less 
than 2 inches (5 1 mm). Where these clearances are not present, 



SECTION MC 911 
DUCT FURNACES 

911.1 General. Duct furnaces shall be installed in accordance 
with the manufacturer's installation instructions. Electric fur- 
naces shall be tested in accordance with UL 1995. Unvented 
furnaces are prohibited. 

911.2 Access panels. Ducts connected to duct furnaces shall 
have removable access panels on both the upstream and down- 
stream sides of the furnace. 

911.3 Location of draft hood and controls. The controls, 
combustion air inlets and draft hoods for duct furnaces shall be 
located outside of the ducts. The draft hood shall be located in 
the same enclosure from which combustion air is taken. 

911.4 Circulating air. Where a duct furnace is installed so that 
supply ducts convey air to areas outside the space containing 
the furnace, the return air shall also be conveyed by a duct(s) 
sealed to the furnace casing and terminating outside the space 
containing the furnace. The duct furnace shall be installed on 
the positive pressure side of the circulating air blower. 

911.5 Duct temperature. The outlet duct temperature of duct 
furnaces shall not be greater than 250°F (121°C). 



SECTION MC 912 
INFRARED RADIANT HEATERS 

912.1 Support. Infrared radiant heaters shall be safely and 
adequately fixed in an approved position independent of fuel 
and electric supply lines. Hangers and brackets shall be 
noncombustible material. 

912.2 Clearances. Heaters shall be installed with clearances 
from combustible material in accordance with the manufac- 
turer's installation instructions. 



2008 NEW YORK CITY MECHANICAL CODE 



79 



SPECIFIC APPLIANCES, FIREPLACES AND SOLID FUEL-BURNING EQUIPMENT 



I SECTION MC 913 

CLOTHES DRYERS 

913.1 General. Clothes dryers shall be installed in accordance 

I with the manufacturer's installation instructions. Electric com- 
mercial clothes dryers shall be tested in accordance with UL 
1240. Electric residential and coin-operated clothes dryers 
shall be tested in accordance with UL 2158. 

913.2 Exhaust required. Clothes dryers shall be exhausted in 
accordance with Section 504. 

I Exception: Electric clothes dryers provided with a conden- 
sate drain. 

913.3 Clearances. Clothes dryers shall be installed with clear- 
ance to combustibles in accordance with the manufacturer's 
instructions. 



SECTION MC 914 
SAUNA HEATERS 

914.1 Location and protection. Sauna heaters shall be located 
so as to minimize the possibility of accidental contact by a per- 
son in the room. 

914.1.1 Guards. Sauna heaters shall be protected from 
accidental contact by an approved guard or barrier of mate- 
rial having a low coefficient of thermal conductivity. The 
guard shall not substantially affect the transfer of heat from 
the heater to the room. 

914.2 Installation. Sauna heaters shall be listed and labeled 
and shall be installed in accordance with their listing and the 
manufacturer's installation instructions. 

914.3 Access. Panels, grilles and access doors that are required 
to be removed for normal servicing operations shall not be 
attached to the building. 

914.4 Heat and time controls. Sauna heaters shall be 
equipped with a thermostat that will limit room temperature to 
194°F (90°C). If the thermostat is not an integral part of the 
sauna heater, the heat-sensing element shall be located within 6 
inches (152 mm) of the ceiling. If the heat-sensing element is a 
capillary tube and bulb, the assembly shall be attached to the 
wall or other support, and shall be protected against physical 
damage. 

914.4.1 Timers. A timer, if provided to control main burner 
operation, shall have a maximum operating time of 1 hour. 
The control for the timer shall be located outside the sauna 
room. 

914.5 Sauna room. A ventilation opening into the sauna room 
shall be provided. The opening shall be not less than 4 inches 
by 8 inches (102 mm by 203 mm) located near the top of the 
door into the sauna room. 

914.5.1 Warning notice. The following permanent notice, 
constructed of approved material, shall be mechanically 
attached to the sauna room on the outside: 

WARNING: DO NOT EXCEED 30 MINUTES IN 
SAUNA. EXCESSIVE EXPOSURE CAN BE HARM- 
FUL TO HEALTH. ANY PERSON WITH POOR 



HEALTH SHOULD CONSULT A PHYSICIAN 

BEFORE USING SAUNA. 

The words shall contrast with the background and the 
wording shall be in letters not less than 0.25-inch (6.4 mm) 
high. 

Exception: This section shall not apply to one- and 
two-family dwellings. 



SECTION MC 915 | 

ENGINE AND GAS TURBINE-POWERED 
EQUIPMENT AND APPLIANCES 

915.1 General. The installation of liquid-fueled stationary 
internal combustion engines and gas turbines, including fuel 
storage and piping, shall meet the requirements of NFPA. 37 
and Chapter 13 of this code. | 

915.2 Powered equipment and appliances. Permanently 
installed equipment and appliances powered by internal com- 
bustion engines and turbines shall be installed in accordance 
with the manufacturer's installation instructions and NFPA 37. 



SECTION MC 916 
POOL AND SPA HEATERS 

916.1 General. Pool and spa heaters shall be installed in accor- 
dance with the manufacturer's installation instructions. 
Oil-fired pool and spa heaters shall be tested in accordance 
with UL 726. Electric pool and spa heaters shall be tested in 
accordance with UL 1261. 



SECTION MC 917 
COOKING APPLIANCES 

917.1 Cooking appliances. Cooking appliances that are 
designed for permanent installation, including ranges, ovens, 
stoves, broilers, grills, fryers, griddles and barbecues, shall be 
listed, labeled and installed in accordance with the manufac- 
turer's installation instructions. Oil-fired cooking appliances 
are prohibited. Solid fuel-fired ovens shall be tested in accor- 
dance with UL 2162. 

917.2 Prohibited location. Cooking appliances designed, 
tested, listed and labeled for use in commercial occupancies 
shall not be installed within dwelling units or within any area 
where domestic cooking operations occur. 

917.3 Domestic appliances. Cooking appliances installed 
within dwelling units and within areas where domestic cooking 
operations occur shall be listed and labeled as household-type 
appliances for domestic use. 

917.4 Domestic range installation. Domestic ranges installed 
on combustible floors shall be set on their own bases or legs and 
shall be installed with clearances of not less than that shown on 
the label. 

917.5 Open-top broiler unit hoods. A ventilating hood shall 
be provided above a domestic open-top broiler unit, unless oth- 
erwise listed for forced down draft ventilation. 



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SPECIFIC APPLIANCES, FIREPLACES AND SOLID FUEL-BURNING EQUIPMENT 



917.5.1 Clearances. A minimum clearance of 24 inches 
(610 mm) shall be maintained between the cooking top and 
combustible material above the hood. The hood shall be at 
least as wide as the open-top broiler unit and be centered 
over the unit. 

917.6 Commercial cooking appliance venting. Commercial 
cooking appliances, other than those exempted by Section 
50 1 .8 of the New York City Fuel Gas Code, shall be vented by 
connecting the appliance to a vent or chimney in accordance 
with this code and the appliance manufacturer's instructions or 
the appliance shall be vented in accordance with Section 
505.1.1 of the New York City Fuel Gas Code. 

917.7 Domestic ventilation. When a hood is required for 
proper ventilation of a domestic cooking appliance, the exhaust 
and make-up air systems shall be properly engineered and 
designed in accordance with Chapter 5. 



SECTION MC 918 
FORCED-AIR WARM-AIR FURNACES 

918.1 Forced-air furnaces. Oil-fired furnaces shall be tested 
in accordance with UL 727. Electric furnaces shall be tested in 
accordance with UL 1995. Solid fuel furnaces shall be tested in 
accordance with UL 39 1 . Forced-air furnaces shall be installed 
in accordance with the listings and the manufacturer's installa- 
tion instructions. Forced-air warm-air furnaces shall be 
installed in accordance with the requirements of NFPA 31 and 
the New York City Fuel Gas Code. Unvented furnaces are pro- 
hibited. 

918.2 Minimum duct sizes. The minimum unobstructed total 
area of the outside and return air ducts or openings to a 
forced-air warm-air furnace shall be not less than 2 square 
inches per 1,000 Btu/h (4402 mm 2 /kW) output rating capacity 
of the furnace and not less than that specified in the furnace 
manufacturer's installation instructions. The minimum unob- 
structed total area of supply ducts from a forced-air warm-air 
furnace shall not be less than 2 square inches for each 1,000 
Btu/h (4402mm 2 /kW) output rating capacity of the furnace and 
not less than that specified in the furnace manufacturer's instal- 
lation instructions. 

Exception: The total area of the supply air ducts and outside 
and return air ducts shall not be required to be larger than the 
minimum size required by the furnace manufacturer's 
installation instructions and in accordance with NFPA 54. 

918.3 Heat pumps. The minimum unobstructed total area of 
the outside and return air ducts or openings to a heat pump shall 
be not less than 6 square inches per 1,000 Btu/h (13 208 
mm 2 /kW) output rating or as indicated by the conditions of list- 
ing of the heat pump. Electric heat pumps shall be tested in 
accordance with UL 1995. 

918.4 Dampers. Volume dampers shall not be placed in the air 
inlet to a furnace in a manner that will reduce the required air to 
the furnace. 

918.5 Circulating air ducts for forced-air warm-air fur- 
naces. Circulating air for fuel-burning, forced-air-type, 
warm-air furnaces shall be conducted into the blower housing 



from outside the furnace enclosure by continuous air-tight 
ducts. 

918.6 Prohibited sources. Outside or return air for a forced-air 
heating system shall not be taken from the following locations: 

1. Closer than 10 feet (3048 mm) from an appliance vent 
outlet, a vent opening from a plumbing drainage system 
or the discharge outlet of an exhaust fan, unless the outlet 
is 3 feet (914 mm) above the outside air inlet. 

2. Where there is the presence of objectionable odors, 
fumes or flammable vapors; or where located less than 
10 feet (3048 mm) above the surface of any abutting pub- 
lic way or driveway; or where located at grade level by a 
sidewalk, street, alley or driveway. 

3. A hazardous or unsanitary location or a refrigeration I 
machinery room as defined in this code. 

4. A room or space, the volume of which is less than 25 per- 
cent of the entire volume served by such system. Where 
connected by a permanent opening having an area sized 
in accordance with Sections 9.1.8.2 and 918.3, adjoining 
rooms or spaces shall be considered as a single room or 
space for the purpose of determining the volume of such 
rooms or spaces. 

Exception: The minimum volume requirement shall 
not apply where the amount of return air taken from a 
room or space is less than or equal to the amount of 
supply air delivered to such room or space. 

5. A closet, bathroom, toilet room, kitchen, garage, 
mechanical room, boiler room or furnace room. 

6. A room or space containing a fuel-burning appliance 
where such room or space serves as the sole source of 
return air. 

Exceptions: 

1. This shall not apply where the fuel-burning 
appliance is a direct-vent appliance. 

2. This shall not apply where the room or space 
complies with the following requirements: 

2.1. The return air shall be taken from a 
room or space having a volume exceed- 
ing 1 cubic foot for each 10 Btu/h (9.6 
L/W) of combined input rating of all 
fuel-burning appliances therein. 

2.2. The volume of supply air discharged 
back into the same space shall be 
approximately equal to the volume of 
return air taken from the space. 

2.3. Return-air inlets shall not be located 
within 10 feet (3048 mm) of any appli- 
ance firebox or draft hood in the same 
room or space. 

3. This shall not apply to rooms or spaces containing solid 
fuel-burning appliances, provided that return-air inlets 
are located not less than 10 feet (3048 mm) from the fire- 
box of such appliances. 



2008 NEW YORK CITY MECHANICAL CODE 



81 



SPECIFIC APPLIANCES, FIREPLACES AND SOLID FUEL-BURNING EQUIPMENT 



918.7 Outside opening protection. Outdoor air intake open- 
ings shall be protected in accordance with Section 401 .6. 

918.8 Return-air limitation. Return air from one dwelling 
unit shall not be discharged into another dwelling unit. 



SECTION MC 919 
CONVERSION BURNERS 

919.1 Conversion burners. The installation of conversion 
burners shall conform to ANSI Z21..8. 



SECTION MC 920 
UNIT HEATERS 

920.1 General. Unit heaters shall be installed in accordance 
with the listing and the manufacturer's installation instructions. 
Oil-fired unit heaters shall be tested in accordance with U.L 
731. 

920.2 Support. Suspended-type unit heaters shall be sup- 
ported by elements that are designed and constructed to accom- 
modate the weight and dynamic loads. Hangers and brackets 
shall be of nonconibustible material. Suspended-type oil-fired 
unit heaters shall be installed in accordance with NFPA 3 1 . 

920.3 Ductwork. A unit heater shall not be attached to a 
warm-air duct system unless listed for such installation. 



SECTION MC 921 
VENTED ROOM HEATERS 

921.1 General. Vented room heaters shall be listed and labeled 
and shall be installed in accordance with the conditions of the 
listing and the manufacturer's instructions. 



SECTION MC 922 
KEROSENE AND OIL-FIRED STOVES 

922.1 General. The installation of kerosene and oil-fired 
stoves is prohibited. 



SECTION MC 923 
SMALL CERAMIC KILNS 

923.1 General. The provisions of this section shall apply to 
kilns that are used for ceramics, have a maximum interior vol- 
ume of 20 cubic feet (0.566 m 3 ) and are used for hobby and 
noncommercial purposes. 

923.1.1 Installation. Kilns shall be installed in accordance 
with the manufacturer's installation instructions and the 
provisions of this code. 



SECTION MC 924 
STATIONARY FUEL CELL POWER PLANTS 

924.1 General. Stationary fuel cell power plants having a 
power output not exceeding 1,000 kW, shall be tested in accor- 



dance with ANSI Z21.83 and shall be installed in accordance 
with manufacturer's installation instructions and NFPA 853. 
Such fuel cell plants shall be powered by hydrogen derived 
on-site from piped natural gas, except where the storage, han- 
dling and use of hydrogen or other flammable gas is authorized 
by the New York CityX Fire Code for such purposes and 
approved by the fire commissioner. 



SECTION MC 925 
MASONRY HEATERS 

925.1 General. Masonry heaters shall be constructed in accor- 
dance with the New York City Building Code. 



SECTION MC 926 
NOISE CONTROL REQUIREMENTS 

926.1 Minimum air-borne noise insulation requirements. 

926.1.1 Exterior mechanical equipment. Mechanical 
equipment in a building in any occupancy group, when 
located outside of the building in a yard or court or on a roof, 
or where the equipment opens to the exterior of the building, 
shall be subject to the noise output limitations given in Table 
926. 1 where one or more windows of a dwelling unit in any 
building in Occupancy Groups R-l, R-2, and R-3, are 
located within a sphere of 100-foot radius (30 480 mm) 
whose center is any part of the equipment or its housing, 
unless it can be shown that the sound pressure levels, in 
octave bands, of the exterior mechanical equipment as mea- 
sured within the dwelling unit do not exceed the levels given 
in Table 926.1(2). 

TABLE 926.1(2) 

NOISE OUTPUT LIMITATIONS FOR EXTERIOR MECHANICAL 

EQUIPMENT MAXIMUM SOUND PRESSURE LEVEL 3 

(NOT TO BE EXCEEDED IN ANY OCTAVE BANDS) 



OCTAVE BANDS 
CENTER FREQUENCY (cps) 


DECIBELS 
RE .0002 MICROBAR 


63 


61 


125 


53 


250 


46 


500 


40 


1000 


36 


2000 


34 


4000 


33 


8000 


32 



a. Measurements shall be obtained with a sound level meter and octave band 
analyzer, calibrated both electronically and acoustically before and after the 
measurements are made. 

926.1.2 Noise Control Code. Sound sources shall also comply 
with any applicable requirements of Section 24-232 of the 
Administrative Code, also known as the New York City Noise 
Control Code. 



82 



2008 NEW YORK CITY MECHANICAL CODE 



SPECIFIC APPLIANCES, FIREPLACES AND SOLID FUEL-BURNING EQUIPMENT 



TABLE 926.1(1) 
MAXIMUM SOUND POWER LEVELS PERMITTED FOR EXTERIOR MECHANICAL EQUIPMENT ADJOINING BUILDINGS 






MAXIMUM SOUND POWER LEVELS IN OCTAVE BANDS - 


- db re 10" 13 WATTS 3 


MINIMUM DISTANCE FROM 

EQUIPMENT TO EXTERIOR 

WINDOW (ft.) a 


Octave Bands c.p.s. Mid Frequency 


63 


125 


250 


500 


1000 


1 
2000 4000 


8000 


12 


97 


90 


83 


78 


75 


73 72 


71 


25 


104 


96 


89 


84 


81 


79 


78 


77 


50 


110 


1 02 


95 


90 


87 


85 


84 


83 


100 


116 


108 


I0l 


96 


93 


91 


90 


89 




Octave Bands- db re 1 0" 12 Watts 


12 


87 


80 


73 


68 


65 


63 


62 


61 


25 


94 


86 


79 


74 


71 


69 


68 


67 


50 


100 


92 


85 


80 


77 


75 


74 


73 


100 


106 


98 


91 


86 


83 


81 


80 


79 



For SI: 1 foot = 304.8 mm.* 

a. The minimum distance shall be measured in a straight line regardless of obstructions. Interpolated levels may be used for distances between those given in this 

table. See note (a) at end of Table 1 207.2. 1 in the New York City Building Code, 
Notes: 

1 . In the event sound power level data for the exterior mechanical equipment is not available, the sound pressure levels, in octave bands, of the exterior mechanical 
equipment shall be measured. 

2. The measurements shall be obtained with the microphone of the measuring equipment located at the interior of the dwelling unit affected in a line with the window 
nearest the exterior mechanical equipment. The window shall be fully open and the microphone shall be located 3 feet away from the open portion of the window. 

3. Measurements shall be obtained during times when the ambient sound pressure levels, in octave bands, are at least 6 db lower at all octave bands than the sound 
pressure levels measured with the exterior equipment operating. By ambient sound pressure levels is meant the measured sound pressure levels, at. the above 
described measuring location, with the exterior equipment not. in operation. 



926.2 Minimum structure-borne noise and vibration isola- 
tion requirements. All isolators shall comply with the require- 
ments of Sections 926.2.1 through Section 926.2.9. 

926.2.1 Boiler rooms. 

926.2.1.1 Boilers. All boilers supported on floors above 
a story having dwelling units shall be supported on resil- 
ient isolators having a minimum static deflection of 1 
inch (25 mm). The isolators shall be installed directly 
under the structural frame of the boiler. 

926.2.1.2 Boiler breeching and piping. When boilers 
are equipped with mechanical draft fans, the boiler 
breeching and piping that are supported from or on slabs, 
floors or walls that are contiguous to the dwelling unit 
shall be supported for a distance of 50 pipe diameters on 
or from resilient isolators. Each isolator shall have a min- 
imum static deflection of 1 inch (25 mm). 

926.2.2 Incinerator charging chutes. 

926.2.2.1 Metal chutes. Metal chutes, metal chute sup- 
ports, and/or metal chute bracing shall be free of direct 
contact with the shaft enclosure and the openings pro- 
vided in the floor construction. Metal chutes shall be 
resiliency supported at each structural support location. 
Isolators shall provide a minimum static deflection of 
0.30 inches (7.62 mm). All chutes shall be plumb. 



926.2.2.2 Masonry chutes. The interior chute wall shall 
be plumb and without obstructions for the full height of 
the shaft and shall have a smooth interior finish. 

926.2.3 Piping. Equipment piping shall be installed as fol- 
lows: 

1. Metal piping connected to power driven equipment 
shall be resiliency supported from or on the building 
structure for a distance of 50 pipe diameters from the 
power driven equipment. The resilient isolators shall 
have a minimum static deflection of 1 inch (25 mm) 
for all piping with a 4 inch (25 mm) or larger in actual 
outside diameter and 7 2 inch (12.7 mm) for piping 
with less than 4 inches (25 mm) in actual outside 
diameter. Piping connected to fluid pressure-reduc- 
ing valves shall be resiliency isolated for a distance of 
50 pipe diameters from pressure-reducing valves and 
isolators shall provide a minimum static deflection of 
7 2 inch (12.7 mm). 

2. Equipment such as heat exchangers, absorption 
refrigeration machines, or similar equipment, that is 
located on any floor or roof other than a floor on 
grade, and that is not power driven but is connected by 
metal piping to power driven equipment, shall be 
resiliency supported from or on the building struc- 
ture, for a distance of 50 pipe diameters from the 
power driven equipment. The resilient supports shall 
be vibration isolators having a minimum static deflec- 



2008 NEW YORK CITY MECHANICAL CODE 



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SPECIFIC APPLIANCES, FIREPLACES AND SOLID FUEL-BURNING EQUIPMENT 



tion of 1 inch (25 mm) and shall incorporate approved 
resilient pads having a minimum thickness of V 4 inch 
(6.4 mm). 

926.2.4 Fans. AH fan equipment located on any roof or floor 
other than a floor on grade shall be mounted on or from 
vibration isolators. Fan equipment with motor drives sepa- 
rated from the fan equipment shall be supported on an iso- 
lated integral rigid structural base supporting both the fan 
and motor. Fan equipment with motor drives supported 
from the fan equipment shall be mounted directly on vibra- 
tion isolators. Each isolator shall have provision for level- 
ing. Isolators shall incorporate resilient pads having a 
minimum thickness of 7 4 inch (6.4 mm). The vibration iso- 
lators shall provide a minimum isolation efficiency of 90 
percent at fan rotor rpm with a maximum deflection of 2 
inches (51 mm). Fans and compressors of 3 horsepower 
(2.25 kW) or less assembled in unitary containers may meet 
this requirement with isolators internal to the container pro- 
viding the isolators meet the above minimum isolator effi- 
ciencies. 

926.2.5 Pumps. All pumps of 3 horsepower (2.25 kW) or 
more located on any floor other than a floor on grade shall be 
supported on vibration isolators having a minimum isola- 
tion efficiency of 85 percent at the lowest disturbing fre- 
quency. Each isolator shall incorporate a leveling device and 
a resilient pad having a minimum thickness of V 4 inch (6.4 
mm). 

926.2.6 Compressors. Compressors and drives located on a 
floor other than a floor on grade shall be mounted on vibra- 
tion isolators having a minimum isolation efficiency of 85 
percent at the lowest disturbing frequency. Each isolator 
shall incorporate a leveling device and a resilient pad having 
a minimum thickness of 7 4 inch (6.4 mm). 

926.2.7 Cooling towers. All moving parts of cooling tow- 
ers located on a roof or floor other than a floor on grade shall 
be installed on vibration isolators providing a minimum iso- 
lation efficiency of 85 percent at fan rotor rpm with a maxi- 
mum static deflection of 4 inches (102 mm). Each isolator 
shall incorporate a leveling device and a resilient pad having 
a minimum thickness of V 4 inch (6.4 mm). 

926.2.8 Evaporative condensers. Evaporative and air 
cooled condensers located on a roof or floor other than a 
floor on grade shall be mounted on vibration isolators pro- 
viding a minimum isolation efficiency of 85 percent at fan 
rotor rpm with a maximum static deflection of 4 inches (102 
mm). Each isolator shall incorporate a leveling device and a 
resilient pad having a minimum thickness of V 4 inch (6.4 
mm). 

926.2.9 Duct connections to fan equipment. Flexible con- 
nections shall be installed between fan equipment and con- 
necting ductwork. 



84 2008 NEW YORK CITY MECHANICAL CODE 



CHAPTER 10 

BOILERS, WATER HEATERS AND PRESSURE VESSELS 



SECTION MC 1001 
GENERAL 

1001.1 Scope. This chapter shall establish the minimum safety 
requirements for and shall govern the installation, alteration 
and repair of boilers, water heaters and pressure vessels. 

Exceptions: 

1. Pressure vessels used for unheated water supply. 

2. Portable unfired pressure vessels and Interstate Com- 
merce Commission containers. 

3. Containers for bulk oxygen and medical gas. 

4. Unfired pressure vessels having a volume of 5 cubic 
feet (0.1.4 m 3 ) or less operating at pressures not 
exceeding 250 pounds per square inch (psi) (1724 
kPa) and located within occupancies of Groups B, F, 
H, M, R, S and U. 

5. Pressure vessels used in refrigeration systems that are 
regulated by Chapter 1 1 of this code. 

6. Pressure tanks used in conjunction with coaxial 
cables, telephone cables, power cables and other sim- 
ilar humidity control systems. 



SECTION MC 1002 
WATER HEATERS 

1002.1 General. Potable water heaters and hot water storage 
tanks shall be listed and labeled and installed in accordance 
with the manufacturer's installation instructions, the New York 
City Plumbing Code and this code. All water heaters shall be 
capable of being removed without first removing a permanent 
portion of the building structure. The potable water connec- 
tions and relief valves for all water heaters shall conform to the 
requirements of the New York City Plumbing Code. Domestic 
electric water heaters shall comply with UL 174 or UL 1453. 
Commercial electric water heaters shall comply with UL 1453. 
Oil-fired water heaters shall comply with UL 732. 

1002.2 Water heaters utilized for space heating. Water heat- 
ers utilized both to supply potable hot water and provide hot 
water for space-heating applications shall be listed and labeled 
for such applications by the manufacturer, and shall be built in 
accordance with Section IV of the ASME Boiler and Pressure 
Vessel Code with an "H" code stamp. They shall be installed in 
accordance with the manufacturer's installation instructions, 
the ASME Code and the New York City Plumbing Code. 

1002.2.1 Sizing. Water heaters utilized for both potable 
water heating and space-heating applications shall be sized 
to prevent the space-heating load from diminishing the 
required potable water-heating capacity. 

1002.2.2 Scald protection. Where a combination potable 
water-heating and space-heating system requires water for 
space heating at temperatures higher than 140°F (60°C), a 



tempering valve shall be provided to temper the water 
supplied to the potable hot water distribution system to a 
temperature of 140°F (60°C) or less. 

1002.3 Supplemental water-heating devices. Potable 
water-heating devices that utilize refrigerant-to-water heat 
exchangers shall be approved and installed in accordance with 
the New York City Plumbing Code and the manufacturer's 
installation instructions. 



SECTION MC 1003 
PRESSURE VESSELS 

1003.1 General. All pressure vessels shall bear the label of an 
approved agency and shall be installed in accordance with the 
manufacturer's installation instructions. The requirements for 
unfired pressure vessels shall be the same as required for boil- 
ers designed for the same operating temperatures. 

1003.2 Piping. All piping materials, fittings, joints, connec- 
tions and devices associated with systems utilized in conjunc- 
tion with pressure vessels shall be designed for the specific 
application and shall be approved. 

1003.3 Welding. Welding on pressure vessels shall be per- 
formed by approved certified welders in compliance with 
nationally recognized standards, ASME Boiler and Pressure 
Vessel Code, Sections VIII and IX; 12 NYCRR 4-6.2; and 12 
NYCRR 14-3.3 through 14-3.18. 



SECTION MC 1004 
BOILERS 

1004.1 Standards. Oil-fired boilers and their control systems 
shall be listed and labeled in accordance with UL 726. Electric 
boilers and their control systems shall be listed and labeled in 
accordance with UL 834. Boilers shall be designed and con- 
structed in accordance with the requirements of ASME CSD- 1 
and as applicable: the ASME Boiler and Pressure Vessel Code, 
Sections I, II, IV, V, VI, VIII and IX; 12 NYCRR Parts 4 and 14; 
NFPA 8501; NFPA 8502; and NFPA 8504. 

1004.2 Installation. In addition to the requirements of this 
code, the installation of boilers shall conform to the manufac- 
turer's instructions. Operating instructions of a permanent type 
shall be attached to the boiler. Boilers shall have all controls set, 
adjusted and tested by the installer. The manufacturer's rating 
data and the nameplate shall be attached to the boiler. 

1004.3 Working clearance. Clearances shall be maintained 
around boilers, generators, heaters, tanks and related equip- 
ment and appliances so as to permit inspection, servicing, 
repair, replacement and visibility of all gauges. When boilers 
are installed or replaced, clearance shall be provided to allow 
access for inspection, maintenance and repair. Passageways 
around all sides of boilers shall have an unobstructed width of 



2008 NEW YORK CITY MECHANICAL CODE 



85 



BOILERS, WATER HEATERS AND PRESSURE VESSELS 



not less than 18 inches (457 mm), unless otherwise approved, 
by the commissioner. 

1004.3.1 Top clearance. High-pressure steam boilers hav- 
ing a steam-generating capacity in excess of 5,000 pounds 
per hour (2268 kg/h) or having a heating surface in excess of 
1,000 square feet (93 m 2 ) or input in excess of 5,000,000 
Btu/h (1465 kW) shall have a minimum clearance of 7 feet 
(2134 mm) from the top of the boiler to the ceiling. 
Steam-heating boilers and hot- water-heating boilers that 
exceed one of the following limits: 5,000,000 Btu/h input 
(1465 kW); 5,000 pounds of steam per hour (2268 kg/h) 
capacity or a 1 ,000-square-foot (93 m 2 ) heating surface; and 
high-pressure steam boilers that do not exceed one of the 
following limits: 5,000,000 Btu/h input (1465 kW); 5,000 
pounds of steam per hour (2268 kg/h) capacity or a 
1 ,000-square-foot (93 m 2 ) heating surface; and all boilers 
with manholes on top of the boiler, shall have a minimum 
clearance of 3 feet (914 mm) from the top of the boiler to the 
ceiling. Package boilers, steam-heating boilers and 
hot-water-heating boilers without manholes on top of the 
shell and not exceeding one of the limits of this section shall 
have a minimum clearance of 2 feet (610 mm) from the ceil- 
ing. 

1004.4 Mounting. Equipment and appliances shall be set or 
mounted on a level base capable of supporting and distributing 
the weight contained thereon. Boilers, tanks and equipment 
shall be securely anchored to the structure. Equipment and 
appliances requiring vibration isolation shall be installed as 
designed by a registered design professional in accordance 
with the manufacturer's installation instructions. 

1004.5 Floors. Boilers shall be mounted on floors of 
noncombustibJe construction, unless listed for mounting on 
com bu s tib J e f I oori n g . 

1004.6 Boiler rooms and enclosures. Boiler rooms and enclo- 
sures and access thereto shall comply with the New York City 
Building Code and Chapter 3 of this code. Boiler rooms shall 
be equipped with a floor drain or other approved means for dis- 
posing of liquid waste. 

1004.7 Operating adjustments and instructions. Hot water 
and steam boilers shall have all operating and safety controls 
set and operationally tested by the installing contractor. A com- 
plete control diagram and boiler operating instructions shall be 
furnished by the installer for each installation. 



1004.8 Burner controls. Gas and oil modulating burners shall 
be provided with burner controls (oil and gas equivalent rat- 
ings) in accordance with Table 1004.8. 



SECTION MC 1005 I 

BOILER CONNECTIONS 

1005.1 Valves. Every boiler or modular boiler shall have a 
shutoff valve in the supply and return piping. For multiple 
boiler or multiple modular boiler installations, each boiler or 
modular boiler shall have individual shutoff valves in the sup- 
ply and return piping. 

Exception: Shutoff valves are not required in a system hav- 
ing a single low-pressure steam boiler of 350,000 Btu/h I 
( 1 03 kW) output or less. I 

1005.2 Potable water supply. The water supply to all boilers 
shall be connected in accordance with the New York City I 
Plumbing Code. 



SECTION MC 1006 

SAFETY AND PRESSURE RELIEF VALVES AND 

CONTROLS 

1006.1 Safety valves for steam boilers. All steam boilers shall 
be protected with a safety valve. 

1006.2 Safety relief valves for hot water boilers. Hot water 
boilers shall be protected with a safety relief valve. 

1006.3 Pressure relief for pressure vessels. All pressure ves- 
sels shall be protected with a pressure relief valve or pres- 
sure-limiting device as required by the manufacturer's 
installation instructions for the pressure vessel. 

1006.4 Standards of safety and safety relief valves. Safety 
and safety relief valves shall be listed and labeled, and shall 
have a minimum rated capacity for the equipment or appliances 
served. Safety and safety relief valves shall be set at a maxi- 
mum of the nameplate pressure rating of the boiler or pressure 
vessel. 

1006.5 Installation. Safety or relief valves shall be installed 
directly into the safety or relief valve opening on the boiler or 
pressure vessel. Valves shall not be located on either side of a 
safety or relief valve connection. The relief valve shall dis- 
charge by gravity. 



TABLE 1004.8 
MINIMUM CONTROL REQUIREMENTS 



TYPE OF CONTROL 


GROSS OUTPUT FIRING RATE OF THE BOILER OR 
THE BURNER OIL DELIVERY RATE (gph), WHICHEVER IS GREATER 


Combustion Controls 


#6 Oil 


#4 Oil 


#2 Oil 


On-OIT 


— 


— 


<10 


Low-High-Off with low fire start 


20 to <30 


10to<30 


10to<30 


Low-High-Low-Off with proven low fire start 


30 to <50 


30 to <50 


30 to <50 


Full Modulation with proven low fire start 


>50 


>50 


>50 


Full Modulation with proven low fire start as 
well as cross-limited oxygen trim (dry cell 
electrochemical type) 


>350 


>350 


>350 



86 



2008 NEW YORK CITY MECHANICAL CODE 



BOILERS, WATER HEATERS AND PRESSURE VESSELS 



1006.6 Safety and relief valve discharge. Safety and relief 
valve discharge pipes shall be of rigid pipe that is approved for 
the temperature of the system. The discharge pipe shall be the 
same diameter as the safety or relief valve outlet. Safety and 
relief valves shall not discharge so as to be a hazard, a potential 
cause of damage or otherwise a nuisance. High-pressure-steam 
safety valves shall be vented to the outside of the structure. 
Where a low-pressure safety valve or a relief valve discharges 
to the drainage system, the installation shall conform to the 
New York City Plumbing Code. 

1006.7 Boiler safety devices. Boilers shall be equipped with 
controls and limit devices as required by the manufacturer's 
installation instructions and the conditions of the listing. 

1006.8 Electrical requirements. The power supply to the 
electrical control system shall be from a two-wire branch cir- 
cuit that has a grounded conductor, or from an isolation trans- 
former with a two-wire secondary. Where an isolation 
transformer is provided, one conductor of the secondary wind- 
ing shall be grounded. Control voltage shall not exceed 150 
volts nominal, line to line. Control and limit devices shall inter- 
rupt the ungrounded side of the circuit. A means of manually 
disconnecting the control circuit shall be provided and controls 
shall be arranged so that when deenergized, the burner shall be 
inoperative. Such disconnecting means shall be capable of 
being locked in the off position and shall be provided with 
ready access. 

1006.8.1 Remote control (shut down). A remote control 
shall be provided to stop the flow of oil and/or gas and com- 
bustion air to any burner or fuel-burning internal combus- 
tion equipment. Such control shall be located outside all 
means of egress to the room in which the burner or equip- 
ment is located and as close to such entrances as practicable, 
except that when an outside location is impracticable, such 
control may be located immediately inside the room in 
which the burner or equipment is located, provided such 
location is accessible at all times. All such controls shall be 
labeled: "REMOTE CONTROL FOR BURNER." 



V = 



(0.00041T- 0.0466) V s 



(Equation 10-1) 



For SI: 



V = 



(0.0007387- 0.03348) V v 






SECTION MC 1008 
BOILER BLOWOFF/BLOWDOWN VALVES 

1008.1 General. Every boiler shall be equipped with 
blowoff/blowdown valve(s). The valve(s) shall be installed in 
the openings provided on the boiler. The minimum quantity 
and size of each valve shall be the quantity and size specified by 
the boiler manufacturer or the quantity and size of the boiler 
blowoff/blowdown valve opening. 

1008.2 Discharge. Blowoff/blowdown valves shall discharge 
to a safe place of disposal. Where discharging to the drainage 
system, the installation shall conform to the New York City ■ 
Plumbing Code. 



SECTION MC1009 
HOT WATER BOILER EXPANSION TANK 

1009.1 Where required. An expansion tank shall be installed 
in every hot water system. For multiple boiler installations, a 
minimum of one expansion tank is required. Expansion tanks 
shall be of the closed or open type. Tanks shall be rated for the 
pressure of the hot water system. 

1009.2 Closed-type expansion tanks. Closed-type expansion 
tanks shall be installed in accordance with the manufacturer's 
instructions. The size of the tank shall be based on the capacity 
of the hot-water-heating system. The minimum size of the tank 
shall be determined in accordance with the following equation: 



SECTION MC 1007 
BOILER LOW-WATER CUTOFF 

1007.1 General. All steam and hot water boilers shall be pro- 
tected with dual low-water cutoff control. 

1007.1.1 High-pressure boiler. If the low-water cutoff 
devices are mounted externally to the boiler, the main and 
auxiliary low-water cutoffs shall be connected to the boiler 
using isolated steam side and water side connection. No 
other control devices, gauges or valves except for the water 
column drain shall be connected to the tappings on the 
boiler used for low- water cutoffs. 

1007.2 Operation. The low-water cutoff shall automatically 
stop the combustion operation of the appliance when the water 
level drops below the lowest safe water level as established by 

I the manufacturer and in accordance with ASME CSD-1. 



where: 

\/ = Minimum volume of tanks (gallons) (L). 

V s = Volume of system, not including expansion tanks 

(gallons) (L). 
T = Average operating temperature (°F) (°C). 
P a = Atmospheric pressure (psi) (kPa). 
P f = Fill pressure (psi) (kPa). 
P = Maximum operating pressure (psi) (kPa). 

1009.3 Open-type expansion tanks. Open-type expansion 
tanks shall be located a minimum of 4 feet (1219 mm) above 
the highest heating element. The tank shall be adequately sized 
for the hot water system. An overflow with a minimum diame- 
ter of 1 inch (25 mm) shall be installed at the top of the tank. 
The overflow shall discharge to the drainage system in accor- 
dance with the New York City Plumbing Code. 



2008 NEW YORK CITY MECHANICAL CODE 



87 



BOILERS, WATER HEATERS AND PRESSURE VESSELS 



SECTION MC 1010 
GAUGES 

101.0.1 Hot water boiler gauges. Every hot water boiler shall 
have a pressure gauge and a temperature gauge, or a combina- 
tion pressure and temperature gauge. The gauges shall indicate 
the temperature and pressure within the normal range of the 
system's operation. 

1010.2 Steam boiler gauges. Every steam boiler shall have a 
water-gauge glass and a pressure gauge. The pressure gauge 
installed with a siphon shall indicate the pressure within the 
normal range of the system's operation. 

1010.2.1 Water-gauge glass. The gauge glass shall be 
installed so that the midpoint is at the normal boiler water 
level. 



■ SECTION MC 1011 

TESTS 

1011.1 Tests. Upon completion of the assembly and installa- 
tion of boilers and pressure vessels, acceptance tests shall be 
conducted in accordance with the requirements of the ASME 
Boiler and Pressure Vessel Code. Boilers shall not be placed in 
operation upon completion of construction until they have been 
inspected and tested and a certificate of compliance has been 
issued by the commissioner. All final inspections and tests for 
boilers shall be made by a qualified boiler inspector in the 
employ of the department or a duly authorized insurance com- 
pany as provided in Section 204 of the Labor Law of the State of 
New York. Equipment having a Btu input of not more than 
350,000 Btu/h (103 kW) shall be exempt from this require- 
ment. Where field assembly of pressure vessels or boilers is 
required, a copy of the completed H-2, P-2 or U-l Manufac- 
turer's Data Report required by the ASME Boiler and Pressure 
Vessel Code shall be submitted to the department. 

1011.2 Test gauges. An indicating test gauge shall be con- 
nected directly to the boiler or pressure vessel where it is visible 
to the operator throughout the duration of the test. The pressure 
gauge scale shall be graduated over a range of not less than one 
and one-half times and not greater than four times the maxi- 
mum test pressure. All gauges utilized for testing shall be cali- 
brated and certified by the test operator. 

1011.3 Periodic boiler inspections. Periodic boiler inspec- 
tions shall be performed in accordance with Section 28-303 of 
the Administrative Code. 



88 



2008 NEW YORK CITY MECHANICAL CODE 



CHAPTER 11 



REFRIGERATION 



I SECTION MC1101 

GENERAL 

1101.1 Scope. This chapter shall govern the design, installa- 
tion, construction and repair of refrigeration systems that 
vaporize and liquefy a fluid during the refrigerating cycle. 
Refrigerant piping design and installation, including pressure 
vessels and pressure relief devices, shall conform to this code. 
Permanently installed refrigerant storage systems and other 
components shall be considered as part of the refrigeration sys- 
tem to which they are attached. 

1101.2 Factory-built equipment and appliances. Listed and 
labeled self-contained, factory-built equipment and appliances 
shall be tested in accordance with UL 207, 412, 471 or 1995. 
Such equipment and appliances are deemed to meet the design, 
manufacture and factory test requirements of this code if 
installed in accordance with their listing and the manufac- 
turer's installation instructions. 

1101.3 Protection. Any portion of a refrigeration system that 
is subject to physical damage shall be protected in an approved 
manner. 

1101.4 Water connection. Water supply and discharge con- 
nections associated with refrigeration systems shall be made in 

I accordance with this code and the New York City Plumbing 
Code. 

1101.5 Fuel-oil and fuel-gas connection. Refrigeration sys- 
tem devices, equipment and appliances utilizing fuel oil or fuel 
gas for combustion shall be installed in accordance with the 
applicable provisions of the New York City Fuel Gas Code and 
this code. 

1101.6 General. Refrigeration systems shall comply with the 
requirements of this code and, except as modified by this code, 
ASHRAE 15. Ammonia-refrigerating systems shall comply 
with this code and, except as modified by this code, ASHRAE 
15 and IIAR 2. 

1101.7 Maintenance. Mechanical refrigeration systems shall 
be maintained in proper operating condition, free from accu- 
mulations of oil, dirt, waste, excessive corrosion, other debris 
and leaks. 

1101.8 Change in refrigerant type. The type of refrigerant in 
refrigeration systems having a refrigerant circuit containing 
more than 220 pounds (100 kg) of Group Al or 30 pounds 
(13.6 kg) of any other group refrigerant shall not be changed 
without prior notification to the commissioner and compliance 
with the applicable code provisions for the new refrigerant 
type. The refrigerant being considered shall be evaluated for 
suitability by an engineer. Whenever change in the type of 
refrigerant is to be done, consideration shall be given to the fol- 
lowing: 

1. The effects of the substitute refrigerant on materials in 
the system; 



2. The possibility of overloading the liquid receiver, which 
shall not be more than 80 percent full of liquid; 

3. The possibility of exceeding motor rating, design work- 
ing pressure, or other requirements that would violate 
any of the provisions of this code; 

4. The proper size of refrigerant controls; 

5. The effect of the operation and setting of safety devices; 

6. The possible hazards created by mixture of the original 
and the substituted refrigerant; and 

7. The effect of the classification of the refrigerant as pro- 
vided. 

1101.9 Refrigerant discharge. Notification of refrigerant dis- 
charge shall be provided in accordance with the New York City I 
Fire Code. 

1101.10 Gas- and oil-fired absorption systems. Refrigera- 
tion systems utilizing fuel oil or fuel gas for combustion shall 
be installed in accordance with the applicable provisions of the 
New York City Fuel Gas Code and this code. 

1101.11 Signs, nameplates, and operation and emergency 
shut-down instructions. Signs, nameplates, and operation 
and emergency shut-down instructions for refrigeration sys- 
tems shall comply with the following: 

1. Sections 9.15, 11.2.1, 11.2.2, 11.2.4, and 11.7 of 
ASHRAE 15. 

2. Each refrigeration unit or system shall be provided with a 
nameplate indicating the horsepower of the prime mover 
or compressor and the equivalent of such horsepower in 
kilowatts. 

3. Section 1105.10 of this code. 



SECTION MC 1102 
SYSTEM REQUIREMENTS 

1102.1. General. The system classification, allowable refriger- 
ants, maximum quantity, enclosure requirements, location lim- 
itations, and field pressure test requirements shall be 
determined as follows: 

1. Determine the refrigeration systems classification, in 
accordance with Section 11.03.3. 

2. Determine the refrigerant classification in accordance 
with Section 1103.1. 

3. Determine the maximum allowable quantity of refriger- 
ant in accordance with Section 1104, based on type of 
refrigerant, system classification, and occupancy. 

4. Determine the system enclosure requirements in accor- 
dance with Section 1 104. 



2008 NEW YORK CITY MECHANICAL CODE 



89 



REFRIGERATION 



5. Refrigeration equipment and appliance location and 
installation shall be subject to the limitations of Chapter 

3. 

6. Nonfactory-tested, field-erected equipment and appli- 
ances shall be pressure tested in accordance with Section 
1108. 

1102.2 Refrigerants. The refrigerant shall be that which the 
equipment or appliance was designed to utilize or converted to 
utilize. Refrigerants not identified in Table 1103.1 shall be 
approved before use. 

1102.2.1 Mixing. Refrigerants, including refrigerant 
blends, with different designations in ASHR AE 34 shall not 
be mixed in a system. 

Exception: Addition of a second refrigerant is allowed 
where permitted by the equipment or appliance manu- 
facturer to improve oil return at low temperatures. The 
refrigerant and amount added shall be in accordance with 
the manufacturer's instructions. 

1102.2.2 Purity. Refrigerants used in refrigeration systems 
shall be new, recovered or reclaimed refrigerants in accor- 
dance with Section 1102.2.2.1, 1102.2.2.2 or 1102.2.2.3. 
Where required by the equipment or appliance owner, the 
installer shall furnish a signed declaration that the refriger- 
ant used meets the requirements of Section 1102.2.2.1, 
1102.2.2.2 or 1102.2.2.3. 

Exception: The refrigerant used shall meet the purity 
specifications set by the manufacturer of the equipment 
or appliance in which such refrigerant is used where such 
specifications are different from that specified in Sec- 
tions 1102.2.2.1, 1102.2.2.2 and 1102.2.2.3. 

1102.2.2.1 New refrigerants. Refrigerants shall be of a 
purity level specified by the equipment or appliance 
manufacturer. 

1102.2.2.2 Recovered refrigerants. Refrigerants that 
are recovered from refrigeration and air-conditioning 
systems shall not be reused in other than the system from 
which they were recovered and in other systems of the 
same owner. Recovered refrigerants shall be filtered and 
dried before reuse. Recovered refrigerants that show 
clear signs of contamination shall not be reused unless 
reclaimed in accordance with Section 1102.2.2.3. 

1102.2.2.3 Reclaimed refrigerants. Used refrigerants 
shall not be reused in a different owner's equipment or 
appliances unless tested and found to meet the purity 
requirements of ARI 700. Contaminated refrigerants 
shall not be used unless reclaimed and found to meet the 
purity requirements of ARI 700. 



SECTION MC 1103 
REFRIGERATION SYSTEM CLASSIFICATION 

1103.1 Refrigerant classification. Refrigerants shall be clas- 
sified in accordance with ASHRAE 34 as listed in Table 
1103.1. 



1103.2 Occupancy classification. Locations of refrigerating 
systems are described by occupancy classifications that con- 
sider the ability of people to respond to potential exposure to 
refrigerants. Where equipment or appliances, other than pip- 
ing, are located outside a building and within 20 feet (6096 
mm) of any building opening, such equipment or appliances 
shall be governed by the occupancy classification of the build- 
ing. Occupancy classifications shall be defined as follows: 

1. Institutional occupancy is that portion of premises from 
which, because they are disabled, debilitated or con- 
fined, occupants cannot readily leave without the assis- 
tance of others. Institutional occupancies include, 
among others, hospitals, nursing homes, asylums and 
spaces containing locked cells. 

2. Public assembly occupancy is that portion of premises 
where large numbers of people congregate and from 
which occupants cannot quickly vacate the space. Public 
assembly occupancies include, among others, auditori- 
ums, ballrooms, classrooms, passenger depots, restau- 
rants and theaters. 

3. Residential occupancy is that portion of premises that 
provides the occupants with complete independent liv- 
ing facilities, including permanent provisions for living, 
sleeping, eating, cooking and sanitation. Residential 
occupancies include, among others, dormitories, hotels, 
multiunit apartments and private residences. 

4. Commercial occupancy is that portion of premises where 
people transact business, receive personal service or pur- 
chase food and other goods. Commercial occupancies 
include, among others, office and professional buildings, 
markets (but not large mercantile occupancies) and work 
or storage areas that do not qualify as industrial occupan- 
cies. 

5. Large mercantile occupancy is that portion of premises 
where more than 100 persons congregate on levels above 
or below street level to purchase personal merchandise. 

6. Industrial occupancy is that portion of premises that is 
not open to the public, where access by authorized per- 
sons is controlled, and that is used to manufacture, pro- 
cess or store goods such as chemicals, food, ice, meat or 
petroleum. 

7. Mixed occupancy occurs when two or more occupancies 
are located within the same building. When each occu- 
pancy is isolated from the rest of the building by tight 
walls, floors and ceilings and by self-closing doors, the 
requirements for each occupancy shall apply to its por- 
tion of the building. When the various occupancies are 
not so isolated, the occupancy having the most stringent 
requirements shall be the governing occupancy. 

1103.3 System classification. Refrigeration systems shall be 
classified according to the degree of probability that refrigerant 
leaked from a failed connection, seal, or component could enter 
an occupied area. The distinction is based on the basic design 
or location of the components. 



90 



2008 NEW YORK CITY MECHANICAL CODE 



REFRIGERATION 





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91 



REFRIGERATION 





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2008 NEW YORK CITY MECHANICAL CODE 



93 



REFRIGERATION 



1 103.3.1 Low-probability systems. Double-indirect 
open-spray systems, indirect closed systems and indirect 
vented closed systems shall be classified as low-probability 
systems, provided that all refrigerant-containing piping and 
fittings are isolated when the quantities in Table .1 1 03.1 are 
exceeded. 

1103.3.2 High-probability systems. Direct systems and 
indirect open-spray systems shall be classified as 
high-probability systems. 

Exception: An indirect open-spray system shall not be 
required to be classified as a high-probability system if 
the pressure of the secondary coolant is at all times (oper- 
ating and standby) greater than the pressure of the refrig- 
erant. 



SECTION MC 1104 
SYSTEM APPLICATION REQUIREMENTS 

1104.1 General. The refrigerant, occupancy and system clas- 
sification cited in this section shall be determined in accor- 
dance with Sections 1103.1, 1103.2 and 1103.3, respectively. 
For refrigerant blends assigned dual classifications, as formu- 
lated and for the worst case of fractionation, the classifications 
for the worst case of fractionation shall be used. Use of a Group 
A3 or Group B3 refrigerant is prohibited. In an industrial occu- 
pancy, a Group A3 or Group B3 refrigerant may be used in 
high- or low-probability systems only when approved by the 
commissioner and the Commissioner of the Fire Department. 
Such use will be approved only if the applicant can demon- 
strate to the satisfaction of the commissioner and the Commis- 
sioner of the Fire Department that the use of the refrigerant is a 
necessity and does not represent a substantial risk to life, limb, 
health or property. 

1104.2 Machinery room. Except as provided in Sections 
1 104.2. 1 and 1 1 04.2.2, all components containing the refriger- 
ant shall be located either outdoors or in a machinery room 
where the quantity of refrigerant in an independent circuit of a 
system exceeds the amounts shown in Table 1 103.1 . For refrig- 
erant blends not listed in Table 1.103.1, the same requirement 
shall apply when the amount for any blend component exceeds 
that indicated in Table 1 1 03. 1 for that component. This require- 
ment shall also apply when the combined amount of the blend 
components exceeds a limit of 69,100 parts per million (ppm) 
by volume. Machinery rooms required by this section shall be 
constructed and maintained in accordance with Section 1105 
for Group A 1 and Bl refrigerants and in accordance with Sec- 
tions 1 105 and 1 106 for Group A2, B2, A3 and B3 refrigerants. 

I Nothing in this section shall be construed to allow the use of 
Group A3 and B3 refrigerants if otherwise prohibited. 

Exceptions: 

1. Machinery rooms are not required for listed equip- 
ment and appliances containing not more than 6.6 
pounds (3 kg) of refrigerant, regardless of the refrig- 
erant's safety classification, where Installed in accor- 
dance with the equipment's or appliance's listing and 
the equipment or appliance manufacturer's installa- 
tion instructions. 



2. Piping in conformance with Section 1107 of this I 
chapter and Section 8.10 of ASHRAE 15isalJowedin I 
other locations to connect components installed in a 
machinery room with those installed outdoors. 

1104.2.1 Institutional occupancies. The amounts shown 
in Table 1 103.1 shall be reduced by 50 percent for all areas 
of institutional occupancies except kitchens, laboratories, 
and mortuaries. The total of all Group A2, B2, A3 and B3 
refrigerants shall not exceed 550 pounds (250 kg) in occu- 
pied areas or machinery rooms. Nothing in this section shall I 
be construed to allow the use of Group A3 and B3 refriger- 
ants if otherwise prohibited. I 

1104.2.2 Industrial occupancies and refrigerated rooms. 

This section applies only to industrial occupancies and 
refrigerated rooms for manufacturing, food and beverage 
preparation, meat cutting, other processes and storage. 
Machinery rooms are not required where all of the follow- 
ing conditions are met: 

1 . The space containing the machinery is separated from 
other occupancies by tight construction with tight-fit- 
ting doors. 

2. Access is restricted to authorized personnel. 

3. The floor area per occupant is not less than 100 square 
feet (9.3 m 2 ). Where provided with egress directly to 4" 
the outdoors or into building exits meeting the I 
requirements of the New York City Building Code, the I 
minimum floor area shall not apply. 

4. Refrigerant detectors are installed as required for 
machinery rooms in accordance with Section 1. 105.3. 

5. Surfaces having temperatures exceeding 800°F 
(427°C) and open flames are not present where any 
Group A2, B2, A3 or B3 refrigerant is used (see Sec- 
tion 1104.3.4). Nothing in this section shall be con- I 
strued to allow the use of Group A3 and B3 
refrigerants if otherwise prohibited. | 

6. All electrical equipment and appliances conform to 
Class 1, Division 2, hazardous location classification 
requirements of NFPA 70 where the quantity of any 
Group A2, B2, A3 or B3 refrigerant in a single inde- 
pendent circuit would exceed 25 percent of the lower 
flammability limit (LFL) upon release to the space. 
Nothing in this section shall be construed to allow the I 
use of Group A3 and B3 refrigerants if otherwise pro- I 
hibited. I 

7. All refrigerant-containing parts in systems exceeding 
100 hp (74.6 kW) drive power, except evaporators 
used for refrigeration or dehumidification; condens- 
ers used for heating; control and pressure relief valves 
for either; and connecting piping, shall be located 
either outdoors or in a machinery room. 

1104.3 Refrigerant restrictions. Refrigerant applications, 
maximum quantities and use shall be restricted in accordance 
with Sections 1104.3.1 through 1104.3.4. 

1104.3.1 Air-conditioning for human comfort. In other 
than industrial occupancies where the quantity in a single 
independent circuit does not exceed the amount in Table 



94 



2008 NEW YORK CITY MECHANICAL CODE 



REFRIGERATION 



1 103. 1 , Group B 1 , B2 and B3 refrigerants shall not be used 
in high-probability systems for air-conditioning for human 
comfort. Nothing in this section shall be construed to allow 
the use of Group A3 andB3 refrigerants if otherwise prohib- 
ited. 

1104.3.2 Nonindustrial occupancies. Group A2 and B2 
refrigerants shall not be used in high-probability systems 
where the quantity of refrigerant in any independent refrig- 
erant circuit exceeds the amount shown in Table 1 104.3.2. 

1104.3.3 All occupancies. The total of all Group A2, B2, 
A3 and B3 refrigerants other than R-717, ammonia, shall 
not exceed 1,100 pounds (499 kg) except where approved. 
Nothing in this section shall be construed to allow the use of 
Group A3 and B3 refrigerants if otherwise prohibited. 

1104.3.4 Protection from refrigerant decomposition. 

Where any device having an open flame or surface tempera- 
ture greater than 800°F (427°C) is used in a room containing 
more than 6.6 pounds (3 kg) of refrigerant in a single inde- 
pendent circuit, a hood and exhaust system shall be pro- 
vided in accordance with Section 510. Such exhaust system 
shall exhaust combustion products to the outdoors. 

Exception: A hood and exhaust system shall not be 
required: 

1. Where the refrigerant is R-717, R-718, or R-744; 

2. Where the combustion air is ducted from the out- 
doors in a manner that prevents leaked refrigerant 
from being combusted; or 

3. Where a refrigerant detector is used to stop the 
combustion in the event of a refrigerant leak (see 
Sections 1105.3 and 1105.5). 

1104.4 Volume calculations. Volume calculations shall be in 
accordance with Sections 1 104.4.1 through 1 104.4.3. 

1104.4.1 Noncommunicating spaces. Where the refriger- 
ant-containing parts of a system are located in one or more 
spaces that do not communicate through permanent open- 
ings or HVAC ducts, the volume of the smallest, enclosed 
occupied space shall be used to determine the permissible 
quantity of refrigerant in the system. 

1104.4.2 Communicating spaces. Where an evaporator or 
condenser is located in an air duct system, the volume of the 
smallest, enclosed occupied space served by the duct system 



shall be used to determine the maximum allowable quantity 
of refrigerant in the system. 

Exception: If airflow to any enclosed space cannot be 
reduced below one-quarter of its maximum, the entire 
space served by the air duct system shall be used to deter- 
mine the maximum allowable quantity of refrigerant in 
the system. 

1104.4.3 Plenums. Where the space above a suspended 
ceiling is continuous and part of the supply or return air ple- 
num system, this space shall be included in calculating the 
volume of the enclosed space. 



SECTION MC 1105 
MACHINERY ROOM, GENERAL REQUIREMENTS 

1105.1 Design and construction. Machinery rooms shall be 
designed and constructed in accordance with the New York City 
Building Code and this section. 

1105.2 Openings. Ducts and air handlers in the machinery 
room that operate at a lower pressure than the room shall be 
sealed to prevent any refrigerant leakage from entering the 
airstream. 

1105.3 Refrigerant detector. Refrigerant detectors in machin- 
ery rooms shall be provided as required by ASHRAE 15. 

1105.4 Tests. Periodic tests of the mechanical ventilating sys- 
tem shall be performed in accordance with manufacturer's 
specifications and as required by the Commissioner of the Fire 
Department. 

1105.5 Fuel-burning appliances. Open flames that use com- 
bustion air from the machinery room shall not be installed in a 
machinery room. 

Exceptions: 

1. Matches, lighters, halide leak detectors and similar 
devices. 

2. Where the refrigerant is carbon dioxide or water. 

3. Fuel-burning appliances shall not be prohibited in the 
same machinery room with refrigerant-containing 
equipment or appliances where combustion air is 
ducted from outside the machinery room and sealed 
in such a manner as to prevent any refrigerant leakage 
from entering the combustion chamber, or where a 



TABLE 1104.3.2 
MAXIMUM PERMISSIBLE QUANTITIES OF REFRIGERANTS 



TYPE OF REFRIGERATION SYSTEM 


MAXIMUM POUNDS FOR VARIOUS OCCUPANCIES 


Institutional 


Assembly 


Residential 


All other occupancies 


Sealed absorption system 

In exit access 

In adjacent outdoor locations 

In other than exit access 











6.6 


3.3 
22 
6.6 


3.3 
22 
6.6 


Unit systems 

In other than exit access 








6.6 


6.6 



For SI: l pound = 0.454 kg. 



2008 NEW YORK CITY MECHANICAL CODE 



95 



REFRIGERATION 



refrigerant vapor detector is employed to automati- 
cally shut off the combustion process in the event of 
refrigerant leakage. 

1105.6 Ventilation. Machinery rooms shall be mechanically 
ventilated to the outdoors. Mechanical ventilation shall be 
capable of exhausting the minimum quantity of air both at nor- 
mal operating and emergency conditions. Multiple fans or 
mu hi speed fans shall be allowed in order to produce the emer- 
gency ventilation rate and to obtain a reduced airflow for nor- 
mal ventilation. Location of the mechanical ventilation 
openings shall be based on the relative density of the refriger- 
ant to air. When compressors or self-contained unit system are 
housed in a machinery space, other than in a machinery room 
or plenum, the space shall be ventilated in accordance with the 
requirements of Section 1105.6.3. 

Exception: Where a refrigerating system is located out- 
doors more than 20 feet (6096 mm) from any building open- 
ing and is enclosed by a penthouse, lean-to or other open 
structure, natural ventilation may be provided in lieu of 
mechanical ventilation. Location of the natural ventilation 
openings shall be based on the relative density of the refrig- 
erant to air. The free-aperture cross section for the ventila- 
tion of the machinery room shall be not less than: 

F= 4g (Equation 11-1) 

For SI: F= 0.138 Vg 

where: 

F - The free opening area in square feet (m 2 ). 

G - The mass of refrigerant in pounds (kg) in the largest 
system, any part of which is located in the machinery 
room. 

1105.6.1 Discharge location. The discharge of the air shall 
be to the outdoors in accordance with Chapter 5. Exhaust 
from mechanical ventilation systems shall be discharged 
not Jess than 20 feet (6096 mm) from outdoor air intake or 
openings into buildings and 10 feet (3048 mm) from a fire 
escape or exterior stair. 

1105.6.2 Make-up air. Provisions shall be made for 
make-up air to replace that being exhausted. Openings for 
make-up air shall be located to avoid intake of exhaust air. 
Supply and exhaust ducts to the machinery room shall serve 
no other area, shall be constructed in accordance with Chap- 
ter 5 and shall be covered with corrosion-resistant screen of 
not less than J / 4 -inch (6.4 mm) mesh. 

Exception: The requirement for supply and exhaust 
ducts to the machinery room to serve no other area shall 
not apply to a change in the type of refrigerant in a law- 
fully installed existing refrigerating system being main- 
tained and operated in accordance with these approved 
installation requirements: 

1. Where the replacement refrigerant has a safety 
classification of Group Al; or 

2. Where the replacement refrigerant is R123 and the 
engineer or architect demonstrates to the satisfac- 
tion of the commissioner that providing such air 
supply and exhaust ducts represents a hardship and 



that the proposed alternative provides an equiva- I 
lent level of safety. I 

1105.6.3 Quantity-normal ventilation. During occupied 
conditions, the mechanical ventilation system shall exhaust 
the larger of the following: 

1 . Not less than 0.5 cfm per square foot (0.0025m Vs m 2 ) 
of machinery room area or 20 cfm (0.009mVs) per 
person; or 

2. A volume required to limit the room temperature rise 
tol8°F (10°C) taking into account the ambient heat- 
ing effect of all machinery in the room but not above a I 
maximum temperature of 122°F (50°C). I 

1105.6.4 Quantity-emergency conditions. Upon actua- 
tion of the refrigerant detector required in Section 1 105.3, 
the mechanical ventilation system shall exhaust air from the 
machinery room in the following quantity: 



Q=100xVG (Equation 11-2) 

For SI: Q = 0.07 x 4g 

where: 

Q - The airflow in cubic feet per minute (m 3 /s). 

G = The design mass of refrigerant in pounds (kg) in the 
largest system, any part of which is located in the 
machinery room. 

1105.7 Termination of relief devices. In addition to the 
requirements of Section 9.7.8 of ASHRAE 15, pressure relief 
devices, fusible plugs and purge systems located within the 
machinery room shall terminate outside of the structure at a 
location not less than 15 feet (4572 mm) above the adjoining 
grade level and not less than 20 feet (6096 mm) from any win- 
dow, ventilation opening or exit. 

1105.7.1 Discharge of Group A2, B2, A3 and B3 refriger- 
ants. Discharge of systems containing Group A2 or B2 
refrigerants shall be acceptable to the commissioner. Dis- 
charge of systems containing Group A3 or B3 refrigerants 
shall be subject to the approval of the commissioner and the 
Commissioner of the Fire Department. Nothing in this sec- 
tion shall be construed to approve the use of Group A3 and 
B3 refrigerants if otherwise prohibited. 

1105.7.2 Certificate of Qualification. Discharge of pres- 
sure relief devices, fusible plugs and purge systems for 
refrigerating systems containing flammable, toxic and 
highly toxic refrigerants and ammonia shall comply with 
Section 606 of the New York City Fire Code. 

1105.8 Ammonia discharge. Pressure relief valves for ammo- 
nia systems shall discharge in accordance with ASHRAE 15. 

1105.9 Remote control. A clearly identified switch of the 
break-glass type shall provide off-only control of the compres- 
sors in the machinery room. A second clearly identified switch 
of the break-glass type shall provide on-only control of the 
machinery room ventilation fans. Such switches shall be 
located outside each entrance to the machinery room and as 
close to the entrance as practicable, except that when an outside 
location is impracticable, such switches may be located imme- 



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d lately inside the machinery room provided such location is 
accessible at all times. 

1105.10 Emergency signs. Signs shall comply with the fol- 
lowing: 

1. Sections 8.11.8 and 1 1.2.4 of ASHRAE 15. 

2. Refrigeration units or systems having a refrigerant cir- 
cuit containing more than 220 pounds (100 kg) of Group 
Al or 30 pounds (14 kg) of any other group refrigerant 
shall be provided with approved emergency signs, 
charts, and labels in accordance with NFPA 704. 



I SECTION MC 1106 

MACHINERY ROOM, SPECIAL REQUIREMENTS 

1106.1 General. Where required by Section 1104.2, the 
machinery room shall meet the requirements of this section in 
addition to the requirements of Section 1 1 05. 

1106.2 Elevated temperature. There shall not be an open 
flame-producing device or continuously operating hot surface 
over 800°F (427°C) permanently installed in the room. 

1106.3 Ammonia room ventilation. Ventilation systems in 
ammonia machinery rooms shall be operated continuously. 

Exceptions: 

1 . Machinery rooms equipped with a vapor detector that 
will automatically start the ventilation system and 
actuate an alarm at a detection level not to exceed 
1,000 ppm; or 

2. Machinery rooms conforming to the Class 1 , Division 
2, hazardous location classification requirements of 

I the New York City Electrical Code. 

1106.4 Flammable refrigerants. Where refrigerants of 
Groups A2, A3, B2 and B3 are used, the machinery room shall 
conform to the Class 1, Division 2, hazardous location classifi- 
cation requirements of the New York City Electrical Code. 

Exception: Ammonia machinery rooms. Nothing in this 
section shall be construed to approve the use of Group A3 
and B3 refrigerants if otherwise prohibited. 

1106.5 Remote controls. Remote control of the mechanical 
equipment and appliances located in the machinery room shall 

I be provided at an accessible location immediately outside the 
machinery room and adjacent to its principal entrance. 

1106.5.1 Refrigeration system. A clearly identified switch of 
the break-glass type shall provide off-only control of all electri- 
cally energized equipment and appliances in the machinery 
room, other than refrigerant leak detectors and machinery 
room ventilation. 

I 1106.6 Reserved. 



SECTION MC 1107 
REFRIGERANT PIPING 

1107.1 General. All refrigerant piping shall be installed, tested 
and placed in operation in accordance with this chapter. 



1107.2 Pipe enclosures. Rigid or flexible metal enclosures or 
pipe ducts shall be provided for soft, annealed copper tubing 4" 
used for refrigerant piping erected on the premises and contain- 
ing other than Group Al refrigerant. Enclosures shall not be I 
required for connections between condensing units and the 
nearest riser box(es), provided such connections do not exceed 

6 feet (1829 mm) in length. 

1107.3 Condensation. All refrigerating piping and fittings, 
brine piping and fittings that, during normal operation, will 
reach a surface temperature below the dew point of the sur- 
rounding air, and are located in spaces or areas where conden- 
sation will cause a safety hazard to the building occupants, 
structure, electrical equipment or any other equipment or appli- 
ances, shall be protected in an approved manner to prevent such 
damage. 

1107.4 Materials for refrigerant pipe and tubing. Piping 
materials shall be as set forth in Sections 1 107.4.1 through 
1107.4.6. ■ 

1107.4.1 Steel pipe. Carbon steel pipe with a wall thickness 
not less than Schedule 80 shall be used for Group A2, A3, 
B2 or B3 refrigerant liquid lines for sizes 1.5 inches (38 
mm) and smaller. Carbon steel pipe with a wall thickness 
not less than Schedule 40 shall be used for Group A 1 or B 1 
refrigerant liquid lines 6 inches (152 mm) and smaller, 
Group A2, A3, B2 or B3 refrigerant liquid lines sizes 2 
inches (51 mm) through 6 inches (152 mm) and all refriger- 
ant suction and discharge lines 6 inches (152 mm) and 
smaller. Type F steel pipe shall not be used for refrigerant 
lines having an operating temperature less than -20°F 
(-29°C). 

1107.4.2 Copper and brass pipe. Standard iron-pipe size, 
copper and red brass (not less than 80-percent copper) pipe 
shall conform to ASTM B 42 and ASTM B 43. 

1107.4.3 Copper tube. Copper tube used for refrigerant 
piping erected on the premises shall be seamless copper 
tube of Type ACR (hard or annealed) complying with 
ASTM B 280. Where approved, copper tube for refrigerant 
piping erected on the premises shall be seamless copper 
tube of Type K or L (drawn or annealed) in accordance with I 
ASTM B 88. Annealed temper copper tube shall not be used 

in sizes larger than a 2-inch (5 1 mm) nominal size. Mechan- 
ical joints shall not be used on annealed temper copper tube 
in sizes larger than 7 / 8 -inch (22.2 mm) OD size. 

1107.4.4 Copper tubing joints. Copper tubing joints used 

in refrigerating systems containing Group A2, A3, Bl, B2 I 
or B3 refrigerants shall be brazed. Soldered joints shall not 
be used in such refrigerating systems. 

1107.4.5 Aluminum tube. Type 3003-0 aluminum tubing 
with high-pressure fittings shall not be used with methyl 
chloride and other refrigerants known to attack aluminum. 

1107.4.6 Insulation. Pipe and chiller insulation shall meet I 
the requirements of Section 1204.1 of this code. | 

1107.5 Joints and refrigerant-containing parts in air ducts. 

Joints and all refrigerant-containing parts of a refrigerating 
system located in an air duct of an air-conditioning system car- 



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REFRIGERATION 



rying conditioned air to and from human-occupied space shall 
be constructed to withstand, without leakage, a pressure of 150 
percent of the higher of the design pressure or pressure relief 
device setting. 

1107.6 Exposure of refrigerant pipe joints. Refrigerant pipe 
joints erected on the premises shall be exposed for visual 
inspection prior to being covered or enclosed. 

1107.7 Stop valves. All systems containing more than 6.6 
pounds (3 kg) of a refrigerant in systems using positive-dis- 
placement compressors shall have stop valves installed as fol- 
lows: 

1 . At the inlet of each compressor, compressor unit or con- 
densing unit. 

2. At the discharge outlet of each compressor, compressor 
unit or condensing unit and of each liquid receiver. 

Exceptions: 

1 . Systems that have a refrigerant pumpout func- 
tion capable of storing the entire refrigerant 
charge in a receiver or heat exchanger. 

2. Systems that are equipped with provisions for 
pumpout of the refrigerant using either portable 
or permanently installed recovery equipment. 

3. Self-contained systems. 

1107.7.1 Liquid receivers. All systems containing 100 
pounds (45 kg) or more of a refrigerant, other than systems 
utilizing nonpos.iti.ve displacement compressors, shall have 
stop valves, in addition to those required by Section 1 107.7, 
on each inlet of each liquid receiver. Stop valves shall not be 
required on the inlet of a receiver in a condensing unit, nor 
on the inlet of a receiver which is an integral part of the con- 
denser. 

1107.7.2 Copper tubing. Stop valves used with soft 
annealed copper tubing or hard-drawn copper tubing 
7 / 8 -inch (22.2 mm) OD standard size or smaller shall be 
securely mounted, independent of tubing fastenings or sup- 
ports. 

1107.73 Identification. Stop valves shall be identified 
where their intended purpose is not obvious. Numbers shall 
not be used to label the valves, unless a key to the numbers is 
located near the valves. 



SECTION MC 1108 
FIELD TEST 

1108.1 General. Every refrigerant-containing part of every 
system that is erected on the premises, except compressors, 
condensers, vessels, evaporators, safety devices, pressure 
gauges and control mechanisms that are listed and factory 
tested, shall be tested and proved tight after complete installa- 
tion, and before operation. Tests shall include both the highl- 
and low-pressure sides of each system at not less than the lower 
of the design pressures or the setting of the pressure relief 
device(s). The design pressures for testing shall be those listed 



on the condensing unit, compressor or compressor unit 
name-plate, as required by ASHRAE 15. 

Exceptions: 

1 . Gas bulk storage tanks that are not permanently con- 
nected to a refrigeration system. 

2. Systems using an Al refrigerant erected on the pre- I 
raises with copper tubing not exceeding 5 / 8 -inch (15.8 
mm) OD, with wall thickness as required by 
ASHRAE 15, shall be tested in accordance with Sec- 
tion 1108.1, or by means of refrigerant charged into 
the system at the saturated vapor pressure of the 
refrigerant at 70°F (21 °C) or higher. 

3. Limited-charge systems equipped with a pressure 
relief device, erected on the premises, shall be tested 
at a pressure not less than one and one-half times the 
pressure setting of the relief device. If the equipment 
or appliance has been tested by the manufacturer at 
one and one-half times the design pressure, the test 
after erection on the premises shall be conducted at 
the design pressure. 

1108.1.1 Booster compressor. Where a compressor is used 
as a booster to obtain an intermediate pressure and dis- 
charges into the suction side of another compressor, the 
booster compressor shall be considered a part of the low 
side, provided that it is protected by a pressure relief device. 

1108.1.2 Centrifugal/nonpositive displacement com- 
pressors. In field-testing systems using centrifugal or other 
nonpositive displacement compressors, the entire system 
shall be considered as the low-side pressure for field test 
purposes. 

1108.2 Test gases. Tests shall be performed with an inert-dried 
gas including, but not limited to, nitrogen and carbon dioxide. 
Oxygen, air, flammable gases and mixtures containing such I 
gases shall not be used. 

Exceptions: I 

1. The use of air is allowed to testR-717, ammonia, sys- 
tems provided that they are subsequently evacuated 
before charging with refrigerant. 

2. Mixtures of dry nitrogen, inert gases, or a combina- 
tion of them with nonflammable refrigerants in con- 
centrations of a refrigerant weight fraction (mass 
fraction) not exceeding five are allowed for tests. 

1108.3 Test apparatus. The means used to build up the test 
pressure shall have either a pressure-limiting device or a pres- 
sure-reducing device and a gauge on the outlet side. 

1108.4 Declaration. A certificate of test shall be provided for 
all systems containing 55 pounds (25 kg) or more of refriger- 
ant. The certificate shall give the name of the refrigerant and the 
field test pressure applied to the high-side and the low side of 
the system. The certification of test shall be signed by the 
installer and shall be made part of the public record. 



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I SECTION MC 1109 

PERIODIC TESTING 

1109.1 Testing required. The following emergency devices 
i and systems shall be periodically tested and the results logged 

in accordance with the manufacturer's instructions and as 
I required by the Commissioner of the Fire Department: 

1. Treatment and flaring systems. 

2. Valves and appurtenances necessary to the operation of 
emergency refrigeration control boxes. 

3. Fans and associated equipment intended to operate 
I emergency purge ventilation systems. 

4. Detection and alarm systems. 

1109.2 Operation. Operating permits and qualification of 
operators for refrigeration systems shall comply with the 
requirements of the New York City Fire Code and the rules of 
the Fire Department. 



2008 NEW YORK CITY MECHANICAL CODE 99 



100 2008 NEW YORK CITY MECHANICAL CODE 



CHAPTER 12 

HYDRONIC PIPING 



SECTION MC 1201 
GENERAL 

1201.1 Scope. The provisions of this chapter shall govern the 
construction, installation, alteration and repair of hydremic pip- 
ing systems. This chapter shall apply to hydronic piping sys- 
tems that are part of heating, ventilation and air-conditioning 
systems. Such piping systems shall include steam, hot water, 
chilled water, condenser water, cooling coil condensate drain, 
steam condensate and ground source heat pump loop systems. 
Potable cold and hot water distribution systems shall be 
installed in accordance with the New York City Plumbing Code. 

1201.2 Pipe sizing. Piping for hydronic systems shall be sized 
for the demand of the system. 



I SECTION MC 1202 

MATERIAL 

1202.1 Piping. Piping material shall conform to the standards 
cited in this section. 

Exception: Embedded piping regulated by Section 1209. 

I 1202.2 Used existing materials. Reused pipe, fittings, valves 
^ or other materials shall be clean and free of foreign materials. 

1202.3 Material rating. Materials shall be rated for the operat- 
ing temperature and pressure of the hydronic system. Materials 
shall be suitable for the type of fluid in the hydronic system. 

1202.4 Piping materials standards. Hydronic pipe shall con- 
form to the standards listed in Table 1202.4. The exterior of the 
pipe shall be protected from corrosion and degradation. 

1202.5 Pipe fittings. Hydronic pipe fittings shall be approved 
for installation with the piping materials to be installed, and 
shall conform to the respective pipe standards or to the stan- 
dards listed in Table 1202.5. 

1202.6 Valves. Valves shall be constructed of materials that are 
compatible with the type of piping material and fluids in the 
system. Valves shall be rated for the temperatures and pres- 
sures of the systems in which the valves are installed. 

1202.7 Flexible connectors, expansion and vibration com- 
pensators. Flexible connectors, expansion and vibration con- 
trol devices and fittings shall be of an approved type. 



SECTION MC 1203 
JOINTS AND CONNECTIONS 

1203.1 Approval. Joints and connections shall be of an 
approved type. Joints and connections shall be tight for the 
pressure of the hydronic system. 



TABLE 1202.4 
HYDRONIC PIPE 



MATERIAL 


STANDARD (see Chapter 15) 


Acrylonitrile butadiene styrene 
(ABS) plastic pipe 


ASTM D 1527; ASTM D 2282 


Brass pipe 


ASTM B 43 


Brass tubing 


ASTMB 135 


Copper or copper-alloy pipe 


ASTM B 42; ASTM B 302 


Copper or copper-alloy tube 
(Type K, L or M) 


ASTM B 75; ASTM B 88; 
ASTMB 251 


Chlorinated polyvinyl chloride 
(CPVC) plastic pipe 


ASTM D 2846; ASTM F 441; 
ASTM F 442 


Cross-linked polyethylene/ 
aluminum/cross-linked 
polyethylene (PEX-AL-PEX) 
pressure pipe 


ASTM F 1281; 
CSACAN/CSA-B-137.10 


Cross-linked polyethylene (PEX) 
tubing 


ASTM F 876; ASTM F 877 


Polyethylene (PE) pipe, tubing 
and fittings (for ground source 
heat pump loop systems) 


ASTM D 2513; ASTM D 3035; 
ASTM D 2447; ASTM D 2683; 
ASTM F 1055; ASTM D 2837; 
ASTM D 3350; ASTM D 1693 


Polyvinyl chloride (PVC) plastic 
pipe 


ASTMD 1785; ASTM D 2241 


Steel pipe 


ASTM A 53; ASTM A 106 


Steel tubing 


ASTM A 254 



TABLE 1202.5 
HYDRONIC PIPE FITTINGS 



MATERIAL 


STANDARD (see Chapter 15) 


Bronze 


ASMEB 16.24 


Copper and copper alloys 


ASMEB16.I5; ASMEB16.18; 
ASMEB 16.22; ASMEB 16.23; 
ASMEB 16.26; ASMEB 16.29 


Gray iron 


ASTM A 126 


Malleable iron 


ASMEB 16.3 


Plastic 


ASTM D 2466; ASTM D 2467; 
ASTM D 2468; ASTM F 438; 
ASTM F 439; ASTM F 877 


Steel 


ASMEB 16.5; ASMEB 16.9; 
ASME B 16. 1 1 ; ASME B 16.28; 
ASTM A 420 


Brass 


ASTMF 1974 



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1203.1.1 joints between different piping materials. 

Joints between different piping materials shall be made with 
approved adapter fittings. Joints between different metallic 
piping materials shall be made with approved dielectric fit- 
tings or brass converter fittings. 

1203.2 Preparation of pipe ends. Pipe shall be cut square, 
reamed and chamfered, and shall be free of burrs and obstruc- 
tions. Pipe ends shall have full-bore openings and shall not be 
undercut. 

1203.3 Joint preparation and installation. When required by 
Sections 1203.4 through .1.203. .1 4, the preparation and installa- 
tion of brazed, mechanical, soldered, solvent-cemented, 
threaded and welded joints shall comply with Sections 
1203.3.1 through 1203.3.7. 

1203.3.1 Brazed joints. Joint surfaces shall be cleaned. An 
approved flux shall be applied where required. The joint 
shall be brazed with a filler metal conforming to AWS A 5.8. 

1203.3.2 Mechanical joints. Mechanical joints shall be 
installed in accordance with the manufacturer's instruc- 
tions. 

1203.3.3 Soldered joints. Joint surfaces shall be cleaned. A 
flux conforming to ASTM B 813 shall be applied. The joint 
shall be soldered with a solder conforming to ASTM B 32, 

1203.3.4 Solvent-cemented joints. CPVC joints shall be 
made in accordance with ASTM D 2846. Joint surfaces 
shall be clean and free of moisture. An approved primer 
shall be applied to CPVC and PVC pipe-joint surfaces. 
Joints shall be made while the cement is wet. Solvent 
cement conforming to the following standards shall be 
applied to all joint surfaces: 

1 . ASTM D 2235 for ABS joints. 

2. ASTM F 493 for CPVC joints. 

3. ASTM D 2564 for PVC joints. 

1203.3.5 Threaded joints. Threads shall conform to 
ASME B 1 .20. 1 . Schedule 80 or heavier plastic pipe shall be 
threaded with dies specifically designed for plastic pipe. 
Thread lubricant, pipe-joint compound or tape shall be 
applied on the male threads only and shall be approved for 
application on the piping material. 

1203.3.6 Welded joints. Joint surfaces shall be cleaned by 
an approved procedure. Joints shall be welded with an 
approved filler metal. 

1203.3.7 Grooved and shouldered joints. Grooved and 
shouldered joints shall be approved and installed in accor- 
dance with the manufacturer's installation instructions. 

1203.3.8 Mechanically formed tee fittings. Mechanically 
extracted outlets shall have a height not less than three times 
the thickness of the branch tube wall. 

1203.3.8.1 Full flow assurance. Branch tubes shall not 
restrict the flow in the run tube. A dimple/depth stop shall 
be formed in the branch tube to ensure that penetration 
into the outlet is of the correct depth. For inspection pur- 
poses, a second dimple shall be placed 0.25 inch (6.4 
mm) above the first dimple. Dimples shall be aligned 
with the tube run. 



1203.3.8.2 Brazed joints. Mechanically formed tee fit- 
tings shall be brazed in accordance with Section 
1203.3.1. 

1203.4 ABS plastic pipe. Joints between ABS plastic pipe or 
fittings shall be solvent-cemented or threaded joints conform- 
ing to Section 1203.3. 

1203.5 Brass pipe. Joints between brass pipe or fittings shall 
be brazed, mechanical, threaded or welded joints conforming 
to Section 1203.3. 

1203.6 Brass tubing. Joints between brass tubing or fittings 
shall be brazed, mechanical or soldered joints conforming to 
Section 1203.3. 

1203.7 Copper or copper-alloy pipe. Joints between copper 
or copper-alloy pipe or fittings shall be brazed, mechanical, 
soldered, threaded or welded joints conforming to Section 
1203.3. 

1203.8 Copper or copper-alloy tubing. Joints between cop- 
per or copper-alloy tubing or fittings shall be brazed, mechani- 
cal or soldered joints conforming to Section 1203.3 or flared 
joints conforming to Section 1203.8.1. 

1203.8.1 Flared joints. Flared joints shall be made by a tool 
designed for that operation. 

1203.9 CPVC plastic pipe. Joints between CPVC plastic pipe 
or fittings shall be solvent-cemented or threaded joints con- 
forming to Section .1.203.3. 

1203.10 Reserved. 

1203.11 Cross-linked polyethylene (PEX) plastic tubing. 

Joints between cross-linked polyethylene plastic tubing and 
fittings shall conform to Sections 1203.11.1 and 1203.11.2. 
Mechanical joints shall conform to Section 1203.3. 

1203.11.1 Compression- type fittings. When compres- 
sion-type fittings include inserts and ferrules or O-rings, the 
fittings shall be installed without omitting the inserts and 
ferrules or O-rings. 

1203.11.2 Plastic-to-metal connections. Soldering on the 
metal portion of the system shall be performed at least 18 
inches (457 mm) from a plastic-to-metal adapter in the same 
water line. 

1203.12 PVC plastic pipe. Joints between PVC plastic pipe 
and fittings shall be solvent-cemented or threaded joints con- 
forming to Section 1203.3. 

1203.13 Steel pipe. Joints between steel pipe or fittings shall 
be mechanical joints that are made with an approved 
elastomeric seal, or shall be threaded or welded joints conform- 
ing to Section 1203.3. 

1203.14 Steel tubing. Joints between steel tubing or fittings 
shall be mechanical or welded joints conforming to Section 
1203.3. 

1203.15 Polyethylene plastic pipe and tubing for ground 
source heat pump loop systems. Joints between polyethylene 
plastic pipe and tubing or fittings for ground source heat pump 
loop systems shall be heat fusion joints conforming to Section 
1203.15.1, electrofusion joints conforming to Section 



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HYDR0N1C PIPING 



1203.15.2, or stab-type insertion joints conforming to Section 
1203.15.3. 

1203.15.1 Heat-fusion joints. Joints shall be of the 
socket-fusion, saddle-fusion or butt-fusion type, fabricated 
in accordance with the piping manufacturer's instructions. 
Joint surfaces shall be clean and free of moisture. Joint sur- 
faces shall be heated to melt temperatures and joined. The 
joint shall be undisturbed until cool. Fittings shall be manu- 
factured in accordance with ASTM D 2683. 

1203.15.2 Electrofusion joints. Joints shall be of the 
electrofusion type. Joint surfaces shall be clean and free of 
moisture, and scoured to expose virgin resin. Joint surfaces 
shall be heated to melt temperatures for the period of time 
specified by the manufacturer. The joint shall be undis- 
turbed until cool. Fittings shall be manufactured in accor- 
dance with ASTM F 1055. 

1203.15.3 Stab-type insert fittings. Joint surfaces shall be 
clean and free of moisture. Pipe ends shall be chamfered and 
inserted into the fittings to full depth. Fittings shall be manu- 
factured in accordance with ASTM D 2513. 



I SECTION MC 1204 

PIPE INSULATION 

1204.1 Insulation characteristics. Pipe insulation installed in 
buildings shall conform to the requirements of the Energy Con- 

I servation Construction Code of New York State, shall be tested 
in accordance with ASTM E 84 and shall have a maximum 
flame spread index of 25 and a smoke-developed index not 
exceeding 450. Insulation installed in an air plenum shall com- 
ply with Section 602.2.1. 

1204.2 Required thickness. Hydronic piping shall be insu- 
lated to the thickness required by the Energy Conservation 

I Construction Code of New York State. 



■ SECTION MC 1205 

VALVES 

1205.1 Where required. Shu toff valves shall be installed in 
hydronic piping systems in the locations indicated in Sections 
I 1205.1.1 through 1205.1.5. 

1205.1.1 Heat exchangers. Shutoff valves shall be installed 
on the supply and return side of a heat exchanger. 

Exception: Shutoff valves shall not be required when 
heat exchangers are integral with a boiler; or are a com- 
ponent of a manufacturer's boiler and heat exchanger 
packaged unit and are capable of being isolated from the 
hydronic system by the supply and return valves required 
by Section 1005.1. 

1205.1.2 Central systems. Shutoff valves shall be installed 
on the building supply and return of central utility systems, 

I and district heating and cooling systems. 

1205.1.3 Pressure vessels. Shutoff valves shall be installed 
on the connection to any pressure vessel. 

1205.1.4 Pressure-reducing valves. Shutoff valves shall be 
installed on both sides of a pressure-reducing valve. 



1205.1.5 Equipment and appliances. Shutoff valves shall 
be installed on connections to mechanical equipment and 
appliances. This requirement does not apply to components 
of a hydronic system such as pumps, air separators, meter- 
ing devices and similar equipment. 

1205.2 Reduced pressure. A pressure relief valve shall be 
installed on the low-pressure side of a hydronic piping system 
that has been reduced in pressure. The relief valve shall be set at 
the maximum pressure of the system design. The valve shall be 
installed in accordance with Section 1006. 



SECTION MC 1206 I 

PIPING INSTALLATION 

1206.1 General. Piping, valves, fittings and connections shall 
be installed in accordance with the conditions of approval. 

1206.1.1 Prohibited tee applications. Fluid in the supply 
side of a hydronic system shall not enter a tee fitting through 
the branch opening. 

1206.2 System drain down. Hydronic piping systems shall be 
designed and installed to permit the system to be drained. 
Where the system drains to the plumbing drainage system, the 
installation shall conform to the requirements of the New York I 
City Plumbing Code. | 

1206.3 Protection of potable water. The potable water system 
shall be protected from backflow in accordance with the New I 
York City Plumbing Code. I 

1206.4 Pipe penetrations. Openings for pipe penetrations in 
walls, floors or ceilings shall be larger than the penetrating 
pipe. Openings through concrete or masonry building elements 
shall be sleeved. The annular space surrounding pipe penetra- 
tions shall be protected in accordance with the New York City I 
Building Code. 

1206.5 Clearance to combustibles. A pipe in a hydronic pip- 
ing system in which the exterior temperature exceeds 250°F 
(1 21°C) shall have a minimum clearance of 1 inch (25 mm) to 
combu stible m ater i al s . 

1206.6 Contact with building material. A hydronic piping 
system shall not be in direct contact with building materials that 
cause the piping material to degrade or corrode, or that interfere 
with the operation of the system. 

1206.7 Water hammer. The flow velocity of the hydronic pip- 
ing system shall be controlled to reduce the possibility of water 
hammer. Where a quick-closing valve creates water hammer, 
an approved water-hammer arrestor shall be installed. The 
arrestor shall be located within a range as specified by the man- 
ufacturer of the quick-closing valve. 

1206.8 Steam piping pitch. Steam piping shall be installed to 
drain to the boiler or the steam trap. Steam systems shall not 
have drip pockets that reduce the capacity of the steam piping. 

1206.9 Strains and stresses. Piping shall be installed so as to 
prevent detrimental strains and stresses in the pipe. Provisions 
shall be made to protect piping from damage resulting from 
expansion, contraction and structural settlement. Piping shall 
be installed so as to avoid structural stresses or strains within 
building components. 



2008 NEW YORK CITY MECHANICAL CODE 



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HYDRONIC PIPING 



11206.9.1 Flood hazard. Piping located in areas of special 
flood hazard shall comply with Appendix G of the New York 
City Building Code, 

1206.10 Pipe support. Pipe shall be supported in accordance 

I with Section 305. Seismic supports shall be provided where 
required by the New York City Building Code, 

1206.11 Condensation. Provisions shall be made to prevent 
the formation of condensation on the exterior of piping. 



SECTION MC 1207 
TRANSFER FLUID 

1207.1 Flash point. The flash point of transfer fluid in a 
hydronic piping system shall be a minimum of 50°F (28 °C) 
above the maximum system operating temperature. 

1207.2 Makeup water. The transfer fluid shall be compatible 
with the makeup water supplied to the system. 



I SECTION MC 1208 

TESTS 

1208.1 General. Hydronic piping systems other than 

ground-source heat pump loop systems shall be tested hydro- 
I statically at one and one half times the system design operating 

pressure, but not less than 1 00 psi (689 kPa). The duration of 
I each test shall be not less than 2 hours. Ground-source heat 

pump loop systems shall be tested in accordance with Section 

1208.1.1. 

1208.1.1 Ground source heat pump loop systems. Before 
connection (header) trenches are backfilled, the assembled 
loop system shall be pressure tested with water at 100 psi 
(689 kPa) for 30 minutes with no observed leaks. Flow and 
pressure loss testing shall be performed and the actual flow 
rates and pressure drops shall be compared to the calculated 
design values. If actual flow rate or pressure drop values dif- 
fer from calculated design values by more than 10 percent, 
the problem shall be identified and corrected. 



SECTION MC 1209 
EMBEDDED PIPING 

1209.1 Materials. Piping for heating panels shall be stan- 
dard-weight steel pipe, Type L copper tubing, or approved 
plastic pipe or tubing rated at 100 psi (689 kPa) at 180°F 

(82°C). 

1209.2 Pressurizing during installation. Piping to be embed- 
ded in concrete shall be pressure tested prior to pouring con- 
crete. During pouring, the pipe shall be maintained at the 
proposed operating pressure. 

1209.3 Embedded joints. Joints of pipe or tubing that are 
embedded in a portion of the building, such as concrete or plas- 
ter, shall be in accordance with the requirements of Sections 
1209.3.1 and 1209.2. 

1209.3.1 Steel pipe joints. Steel pipe shall be welded by 
electrical arc or oxygen/acetylene method. 



1209.3.2 Copper tubing joints. Copper tubing shall be 
joined by brazing with filler metals having a melting point 
of not less than 1,000°F (538°C). 

1209.4 Reserved. 



SECTION MC 1210 
HIGH-PRESSURE STEAM PIPING SYSTEMS 

1210.1 Scope. The provisions of this section shall apply to 
high-pressure steam piping system which is defined as a sys- 
tem operating at a steam pressure of more than 1.5 psi (103 
kPa). For purposes of this section, loops, bends or offsets of the 
piping shall not be considered expansion joints. 

1210.2 New systems. For purposes of this section, the replace- 
ment of existing steam piping systems, the installation of anew 
system in existing buildings, as well as installations in build- 
ings hereafter constructed, shall be considered to be new 
high-pressure steam piping systems. The following require- 
ments are applicable: 

1210.2.1 Design. The design of new steam piping systems 
shall be conducted as follows: 

1. The system shall be designed by an engineer. An 
application and plans shall be filed and the approval 
of the department obtained. The plans and application 
shall contain, but not be limited to, the following 
information: 

1.1. Size and location of all steam piping. 

1.2. The operating pressures and temperatures. 

1.3 The location, type, specifications and details 
of all expansion joints. 

1.4 The design, size, material and location of all 
anchors, guides and auxiliary steel, and the 
stresses thereon. 

2. Systems using utility street steam shall be designed 
for a pressure of 200 psig (1379 kPa) and 413°F 
(212°C) up to and including the steam pressure reduc- 
ing valve or valves which reduce the pressure of 90 
psig (621 kPa) or below. For steam pressures between 
90 psig (621 kPa) and 1.6 psig (110 kPa), the system 
shall be designed for 125 psig (108 kPa). 

1210.2.2 Installation. The installation of new steam piping 
systems shall be conducted as follows: 

1. Installations, including any welding, shall be by spe- 
cial inspection by the engineer responsible for the 
design, or by an engineer acceptable to him or her. 

2. Welders shall be qualified for all required pipe sizes, 
wall thicknesses and positions in accordance with the 
ASME Boiler and Pressure Vessel Code, Section IX. 
Requalification is required every 3 years or sooner if 
the commissioner has a specific reason to doubt a 
welder's ability to make sound welds. 

3. Welder qualification testing shall be performed by an 
agency listed with the department, and if the testing is 
by radiography, the inspection shall have a minimum 



104 



2008 NEW YORK CITY MECHANICAL CODE 



HYDRONIC PIPING 



radiography qualification of Level II in accordance 
with the ASNT, Document No. SNT-TC-1 A. 

4. Copies of the certified welder qualification reports 
shall be maintained by the responsible welding 
agency and the company performing the welding, and 
shall be made available upon request to the depart- 
ment. 

5. No reports from any welding inspection agency shall 
be accepted unless such agency has first requested 
and obtained approval from the department in accor- 
dance with rules of the department. 

6. Pipe welding shall conform to the following: 

6.1. All piping over 2 inches (51 mm) shall be 
butt-welded. Piping 2 inches (76 mm) and un- 
der may be socket-welded or threaded. 

6.2. Threaded piping may continue to be used for 
existing construction in sizes of 6 inches (152 
mm) and under. 

6.3. Where welding is not feasible, the commis- 
sioner may allow an acceptable alternative. 

7. Radiographic examination, when required, shall be 
performed on butt-welds in accordance with ASME 
B3 1 . 1 based on the piping pressure and shall be as fol- 
lows: 

Piping Pressure Percentage 

90 psig (621 kPa) or below Not Required 

91 psig (627 kPa) to 

150 psig (1034 kPa) 10 at Random 

Over 150 psig (1034 kPa) 100 

However, if, in the opinion of the engineer responsible for 
special inspection, radiographic examination is not required 
for piping at pressure between 90 psig (621 kPa) and 150 
psig (1034 kPa), the engineer shall so specify in writing, and 
the final report on the installation may omit the foregoing, 
and be predicated on all of the other requirements noted in 
this section, and a hydrostatic test. 

1210.2.3 Testing. Hydrostatic testing shall be conducted on 
the completed installation at 150 percent of the design pres- 
sure for all piping pressure. Where the changes in an exist- 
ing steam system involve less than 30 percent of the piping 
in the system, the testing may be in accordance with ASME 
B31.1. 

1210.2.4 Relocation. The commissioner, where deemed 
necessary, shall require the replacement or relocation of any 
joints, guides or anchors. The commissioner shall cause the 
joints in potentially hazardous locations, such as those that 
are located adjacent to tenant occupied spaces, to be relo- 
cated, unless means exist or are provided for eliminating the 
hazard. 

1210.3 Existing systems. Existing steam piping systems shall 
be in accordance with Sections 1210.3.1 through 1210.3.3. 
Upon the completion of a new high-pressure steam piping sys- 
tem and department approval of same, the rules relating to 
maintenance requirements and the keeping of records for exist- 
ing high-pressure steam piping systems shall apply. 



1210.3.1 Maintenance inspections. Expansion joints, 
anchorage and guides shall be inspected as follows: 

1. Expansion joints shall be inspected weekly. 

2. The anchorage and guides shall be inspected annu- 
ally. Exposure of the structural attachments to the 
buildings of the anchorages or guides shall not be 
required. 

3. A record of such inspections shall be kept by the per- 
son in charge of the mechanical equipment of the 
building or other qualified person designated by the 
owner and acceptable to the commissioner. The 
records shall be available at the premises and subject 
to inspection by the commissioner. 

1210.3.2 Work approval. No joint, anchorage or guides 
shall be repaired, replaced or relocated without a work per- 
mit issued by the department. The application for the permit 
shall contain all pertinent information and shall be filed by 
an engineer knowledgeable as to high-pressure steam pip- 
ing systems. The engineer shall be responsible for the spe- 
cial inspection of the proposed work in accordance with the 
approved application. This provision shall not apply to the 
repacking of a slip or ball joint; however, records of such 
repacking shall be kept in the inspection records as provided 
in Section 1210.3.1, Item 3. When, in the opinion of the 
engineer, the requirement for prior department approval 
would create an imminent health or safety hazard, the engi- 
neer may permit the work to proceed without prior approval. 
In such cases, the engineer shall, prior to the repair, replace- 
ment or relocation, notify by telephone the borough com- 
missioner of the borough in which the building is located; 
and, if the emergency occurs at other than normal working 
hours, he or she shall notify the department in a manner pre- 
scribed by the commissioner. This shall be followed by the 
filing of the application for department approval as speci- 
fied in Section 28-105.4.1 of the Administrative Code. 



2008 NEW YORK CITY MECHANICAL CODE 



105 



106 2008 NEW YORK CITY MECHANICAL CODE 



CHAPTER 13 

FUEL-OIL PIPING AND STORAGE 



SECTION MC 1301 
GENERAL 

1301.1 Scope. This chapter shall govern the design, installa- 
tion, construction and repair of fuel-oil storage and piping sys- 
tems. The storage of flammable and combustible liquids not 
addressed in this chapter shall be in accordance with the New 
York City Fire Code. 

1301.2 Storage and piping systems. Fuel-oil storage and pip- 
ing systems shall comply with the requirements of Chapter 13 
and, to the extent not otherwise provided for in this code, shall 
comply with the requirements of NFPA 31. All above-ground 
and underground storage facilities with a combined storage 
capacity of over 1,100 gallons (4160 L) shall also comply with 
the requirements of the Ne